What is the difference between a “strict liability” and a “negligence” product liability claim?
In Washington, a product liability claim is a type of lawsuit that a consumer may bring against a manufacturer or seller of a product that causes injury or damages the consumer. There are two main types of product liability claims: strict liability and negligence claims. Strict liability claims occur when a product is defective and causes harm to the consumer, regardless of whether the manufacturer or seller was negligent or not. The consumer does not have to prove any wrongdoing on behalf of the manufacturer or seller. This means that if the product was defective, even if the manufacturer or seller had no knowledge of it, they can be held liable. A negligence claim occurs when a manufacturer or seller breaches their duty of care to the consumer. The consumer must prove that the product was defective and that the manufacturer or seller was aware of the defect and failed to properly remedy the situation. To succeed in a negligence claim, the consumer will have to show that the manufacturer or seller was careless or negligent in their duty to provide a safe product. So, in a nutshell, the main difference between a “strict liability” and a “negligence” product liability claim is that in strict liability claims, the consumer does not have to prove any wrongdoing on the part of the manufacturer or seller, while in negligence claims, the consumer must prove that the manufacturer or seller was at fault.
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