What are the elements of a “strict liability” defective products claim?

In Arkansas, a strict liability defective products claim is a type of negligence claim based on the fact that the manufacturer of a product is liable for any harm to a consumer, even if they were not negligent. The plaintiff must prove the following elements in order to make a successful strict liability defective products claim: 1. The product must be a defective and unreasonably dangerous product; 2. The plaintiff was harmed by the product; 3. The product must have been used in the manner intended; 4. The defect in the product must have existed before the plaintiff purchased it; and 5. The product must have been manufactured, sold, distributed, or supplied by the defendant. In addition to these elements, the plaintiff must also prove that the harm they suffered was a direct result of the defect in the product. In some cases, a plaintiff may also need to prove that the product manufacturer failed to provide proper warnings or instructions about the product. In Arkansas, strict liability claims for defective products are subject to a three-year statute of limitations. This means that the plaintiff must file their claim within three years of the date that they were injured by the defective product. Additionally, a strict liability defective products claim is barred if the product was altered or modified by a third party after the plaintiff purchased it. If all elements of the claim are met, a successful plaintiff may be able to receive financial compensation for their medical expenses, lost wages, pain and suffering, and other damages.

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What are the elements of a “strict liability” defective products claim?

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