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 role does a “defect in the manufacturing process” play in product liability claims?
Are there any restrictions on the types of damages that can be awarded in a product liability case?
What factors do courts consider when determining whether a product is defective?
What types of safety warnings are required by product liability laws?
How does product liability law work?
How is the price of a defective product determined?
How does a product liability claim arise due to a design defect?
What is a “products liability action”?
What type of damages can a plaintiff recover in a product liability case?
What is “implied warranty of merchantability”?

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

Related FAQs

Related Blog Posts