What is the difference between negligence and strict liability in product liability law?

Negligence and strict liability are two legal theories that can be used when filing a product liability law claim in South Carolina. Both theories operate to protect a consumer from harm caused by a defective product. Negligence is a concept that holds a manufacturer liable for harm caused by a defective product when the manufacturer has been negligent in the design, manufacture, or distribution of the product. Negligence requires proving that the manufacturer failed to exercise the standard of care that a reasonably prudent manufacturer would have exercised under similar circumstances. Under strict liability, a manufacturer is held liable for harm caused by its defective product regardless of whether the defendant conducted reasonable care or not. This means that a plaintiff only needs to prove that the product was defective and that the defect was a direct cause of the plaintiff’s injuries or damages. The main difference between negligence and strict liability is that negligence requires the plaintiff to prove that the manufacturer was negligent, while strict liability does not. In other words, negligence requires an additional element of fault, whereas strict liability does not.

Related FAQs

What is the difference between negligence and strict liability?
How does the doctrine of comparative fault apply in product liability cases?
What are the components of a successful product liability claim?
How can consumers prove that a product is unsafe or defective?
What remedies are available to consumers when a product is found to be unreasonably dangerous?
What is the statute of limitations for product liability claims?
What is a “consumer expectation” test?
What is the liability of a seller for a defective product?
How do product liability laws differ between states?
Is a manufacturer liable for products they did not manufacture but only sold?

What is the difference between negligence and strict liability in product liability law?

Related FAQs

Related Blog Posts