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

A strict liability claim on a defective product in New York occurs when a seller is held liable for damages caused by a product, regardless of the seller’s level of care. This means that regardless of whether the seller used reasonable care in the production and sale of the item, they may be held liable. A negligence product liability claim, on the other hand, occurs when a seller is held liable for damages caused by their product as a result of their negligence. As such, if the seller can prove that they took reasonable care in producing and selling the product, they may not have to pay for damages. In other words, with a negligence product liability claim, the seller must have caused the damage due to their failure to exercise reasonable care when producing and selling the product. When pursuing a product liability claim in New York, it is important to determine which type of claim your case falls under. Both strict liability and negligence product liability claims are different, so you should speak with a qualified attorney to understand which one is most appropriate for your case.

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

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