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.

Related FAQs

What type of buyer can bring a defective products claim?
What are the legal requirements for a product to be considered “defective”?
What are the elements of a products liability claim?
Are punitive damages available in defective products cases?
What is the “economic loss” rule in defective products law?
Are there any type of special damages that can be recovered in a defective products case?
What are some examples of defective products law in action?
Is there a statute of repose for defective products claims?
What is a product liability lawyer?
What is a “defect in labeling” in defective products law?

Related Blog Posts

What Every Consumer Must Know About Defective Products Law - July 31, 2023
Understanding Your Rights: Defective Products Law Explained - August 7, 2023
What You Need to Know Before Filing a Defective Product Lawsuit - August 14, 2023
What to Do After Being Injured by a Defective Product - August 21, 2023
When to Seek Legal Representation for Defective Products Law Cases - August 28, 2023