What is “strict liability”?
Strict liability is a legal concept that refers to holding parties liable for damages caused by their product even if they did not act negligently or with intent to do harm. This means that the manufacturer, distributor, or seller of a product can be found legally responsible for any injuries or loss caused by their product without showing that they did anything wrong or acted with intention to injure the customer. In other words, if the product is defective or unreasonably dangerous, the company is held strictly liable for any resulting injuries. In North Carolina, strict liability, also known as “strict products liability,” applies to the manufacturer, designer, seller, or distributor of goods. It also applies to anyone who repairs, reconditions, or modifies a product. The courts in North Carolina have held that a product is considered “unreasonably dangerous” if it is likely to cause injury when used as it was intended. The burden is on the plaintiff to show that the product was defective and that the defect was the cause of the injury. There are some exceptions to strict liability in North Carolina. If the injured person changed or modified the product in any way, they may not be able to recover damages. Additionally, if the injured person knew about the defect and decided to use the product anyway, they may not be able to recover damages. Overall, strict liability is an important concept in North Carolina product liability law as it ensures that consumers are protected from dangerous and defective products.
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