What is the difference between a “strict liability” and a “negligence” product liability claim?

The difference between a “strict liability” and a “negligence” product liability claim is how the plaintiff must prove the defendant was responsible for the injury caused by the defective product. In Arkansas, a “strict liability” claim means that plaintiffs do not have to prove that the product manufacturer and seller were negligent or careless in their design, manufacture, or marketing of the product in order to recover damages. Instead, all the plaintiff must show is that the product they purchased was defective and that it caused the injury they are complaining about. In contrast, a “negligence” product liability claim requires proof that the defendant breached their legal duty to exercise reasonable care and that this breach is what caused the plaintiff’s injury. Therefore, the plaintiff has a higher burden of proof under this type of claim and must show that the product manufacturer and seller caused or contributed to the defective product and that it caused the injury. Under Arkansas’s defective products law, both of these types of claims are potential options for a consumer to bring a legal action against a product manufacturer and/or seller. It is important to note, however, that certain product manufacturers and sellers, such as drug companies and medical providers, may have additional requirements that must be met to recover damages under Arkansas’s laws.

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What is the difference between a “strict liability” and a “negligence” product liability claim?

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