What is the difference between negligence and strict liability in product liability law?
In product liability law, negligence and strict liability are two different legal principles that govern liability when a defective product causes injury or death. Negligence is when someone acts in a careless manner, not taking reasonable precautions to ensure the safety of others. For example, a manufacturer may be negligent if it fails to adequately test its products for safety before releasing them to the public. In a negligence-based product liability claim, the injured person must show that the seller or manufacturer was negligent in their actions and that this negligence caused the injury. Strict liability takes a different view, holding manufacturers and sellers responsible without regard to negligence. This means that a manufacturer is legally responsible for any injuries caused by its products, even if the producer has taken every precaution to ensure the product’s safety. The injured person need not show that the producer was negligent in order to recover damages. In Louisiana, a product liability claim must often meet a complex set of criteria that differs depending on the specific law involved. Therefore, if you are considering suing a manufacturer or seller for a defective product, it is important to consult a knowledgeable attorney to determine which theories of liability apply to your case.
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