What is “strict liability”?

In Virginia, the concept of strict liability has been adopted from the common law to protect consumers from an unsafe product. Strict liability holds a manufacturer or supplier liable for any harms caused by their product, even if the manufacturer or supplier was not negligent in creating or distributing the product. Under Virginia law, strict liability applies to any product that is found to be defective or unreasonably dangerous, regardless of the cause. A product can be deemed defective for any number of reasons, including a design defect, a manufacturing defect, an inadequate warning of a known hazard, or even a lack of instructions to properly use the product. In some cases, the manufacturer or supplier of the product must adhere to a higher standard of care if the product is highly dangerous, such as a product that is known to cause death or serious injury. In these cases, evidence of negligence must be presented for a successful case based on strict liability. In Virginia, a person can bring a lawsuit for damages based on strict liability if they can prove that a product was defective or unreasonably dangerous. This is different from a negligence case, in which a plaintiff must prove that the manufacturer or supplier was negligent in creating or supplying the product. With strict liability, the plaintiff does not have to prove negligence, only that the product was defective or unreasonably dangerous.

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What is “strict liability”?

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