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

In order to establish a “strict liability” defective products claim in New York, the following elements must be proven: 1. The product must be defective. This means that the product has a condition that renders it unreasonably dangerous, or that the product does not conform to its intended or reasonably foreseeable use. 2. The defect must exist when the product leaves the manufacturer’s control. 3. The defect must be the cause of the injury or damage that occurred. 4. The product must have been used in a reasonably foreseeable manner. 5. The plaintiff must have suffered a loss or injury as a result of the defect. A successful strict liability claim does not require that the manufacturer was negligent or failed to exercise reasonable care when making the product. Strict liability claims are based on the idea that the manufacturer is strictly liable for any product defects, even if the manufacturer was not negligent in producing the product. In New York, a plaintiff can bring a strict liability claim if they were injured or suffered a loss due to a product defect. However, the plaintiff is required to prove that the product was defective when it left the manufacturer’s control and that the defect was the cause of their injury or loss. If the plaintiff is able to prove the elements of a strict liability claim, then they may be eligible for damages from the manufacturer. These damages could include medical expenses, lost wages, pain and suffering, and other losses related to the injury or damage caused by the defective product.

Related FAQs

What is a “design defect” in defective products law?
What is the legal definition of a “defective product”?
What types of parties can be held liable for a defective product?
Are punitive damages available in defective products cases?
Is there an administrative process for defective products claims?
Is there a limit on the amount of damages that can be awarded in a defective products case?
What is a “breach of implied warranty” in a defective products claim?
What type of notice do I need to file with the court in a defective products case?
How do I choose a product liability attorney?
What type of documentary evidence is required for a defective products case?

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

Related FAQs

Related Blog Posts