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

In product liability law, negligence and strict liability are two different theories used to hold manufacturers accountable for defects or harmful products. Negligence is when a manufacturer fails to exercise reasonable care in the design, manufacture, or marketing of a product and causes injury. This means that the manufacturer should have and could have done something differently that would have prevented the injury. Strict liability is when a manufacturer is held liable for an unsafe product, regardless of the attention put into product design and manufacture. Under strict liability, manufacturers are automatically responsible for injuries caused by their products, even if they took all the appropriate steps to prevent them. The main difference between negligence and strict liability is the burden of proof. In a negligence case, the plaintiff must prove that the manufacturer was negligent and that their negligence caused the injury or harm. In a strict liability case, the plaintiff only needs to prove that the product caused the injury or harm; it is up to the manufacturer to prove that they did not act negligently. In Virginia, product liability claims typically involve negligence or strict liability theories. A party injured by a defective product may have a valid claim even if the manufacturer did not act negligently, as long as they can show that the product was defectively designed or dangerous in some way.

Related FAQs

What are the damages that a plaintiff can recover in a product liability case?
What is a “failure to warn” claim?
What protections does product liability law provide to consumers?
What is the economic loss doctrine?
How does the doctrine of “assumption of risk” apply in product liability cases?
What liability do sellers have for products they provide?
Who is responsible for product recalls?
What are some common defenses used by defendants in product liability cases?
How can consumers prove that a product is unsafe or defective?
What are the elements of a successful products liability claim?

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

Related FAQs

Related Blog Posts