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 in Indiana is one of degree. In a strict liability claim, a person does not need to prove that the seller was negligent in creating the product or that the seller had knowledge of any defect in the product. All that needs to be proven is that the product was defective, and that the defect caused an injury. In a negligence product liability claim, the person must prove that the seller was negligent in creating the product or that the seller had knowledge of any defect in the product. In other words, the person must prove that the seller should have known that the product was unsafe, knew that the product was not working correctly, or should have known of a hidden defect that the product contained. Negligence claims also require evidence that the seller’s negligence was a direct cause of the injury. While both are product liability claims, the difference lies in the degree of responsibility required to prove a claim. In a strict liability claim, the person does not need to prove the seller’s negligence, while in a negligence product liability claim, negligence of the seller must be proven in order to recover damages. Both types of claims can be filed in Indiana courts to recover for product defect-related injuries.

Related FAQs

What type of buyer can bring a defective products claim?
What is the role of a product liability expert witness?
What is a recall in defective products law?
What is a product liability claim?
What is the “risk-utility test” in defective products law?
What can I do if I think I have a valid claim against a manufacturer?
What types of products are subject to defective products law?
How do I know if I am a “consumer” in defective products law?
Are punitive damages available in defective products cases?
What type of damages can be awarded in a defective products case?

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

Related FAQs

Related Blog Posts