What is the difference between negligence and strict liability?

Negligence and strict liability are two legal concepts widely used in products liability law in West Virginia. Negligence involves someone failing to do something that a reasonably prudent person would do in a given situation, causing harm or damages to another. On the other hand, strict liability does not involve negligence, but instead, puts the burden of responsibility on someone without regard to their negligence or level of care. For example, if a product manufacturer fails to put adequate warnings on a product, they may be held liable under a negligence theory due to their failure to take reasonable care to protect others from harm. However, if the same product were to cause harm and the manufacturer is found to be strictly liable, then no proof of negligence is necessary. The manufacturer is automatically held responsible, regardless of how much care was taken. The difference between negligence and strict liability is that negligence involves someone not taking reasonable care to protect another, while strict liability means the defendant is automatically responsible for harm caused by their product without regard to the degree of care taken. This means that a product manufacturer can be held liable for damages regardless of their level of care.

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What is the difference between negligence and strict liability?

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