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

In California, consumers have the right to hold a company liable for any damages caused by a defective product. To do so, a consumer may bring a product liability claim against the company. There are two types of product liability claims that can be brought in California: strict liability and negligence. A strict liability claim is when a plaintiff claims a product is inherently defective, meaning the product was flawed when it left the manufacturer. The manufacturer is held liable regardless of the circumstances that caused the defect. In many instances, the plaintiff does not even have to prove that the company acted negligently. A negligence product liability claim is when the plaintiff claims the company was directly responsible for the defect in the product. This means that the company must have known of the product’s defect or should have known of its defect due to their negligence. To win a negligence product liability claim, the plaintiff must prove that the company failed to exercise due diligence in making and/or selling the product. In summary, a strict liability product liability claim does not require the plaintiff to prove negligence, while a negligence product liability claim does require the plaintiff to prove that the company failed to exercise due diligence in making and/or selling the product. A company can also be held liable for both at the same time.

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

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