Strict liability is a powerful legal doctrine that holds manufacturers responsible for injuries caused by defective products without requiring proof of negligence. This means you can recover compensation even if the manufacturer took every reasonable precaution—if the product was defective and that defect caused your injury, the manufacturer is liable.
What Is Strict Product Liability?
Under strict liability, you don't need to prove the manufacturer was careless or did anything wrong. You only need to prove the product was defective, the defect existed when the product left the defendant's control, the defect made the product unreasonably dangerous, and the defect caused your injuries.
This contrasts with negligence claims, which require proving the manufacturer failed to exercise reasonable care. Strict liability focuses on the condition of the product, not the conduct of the manufacturer.
Policy Justifications
Courts adopted strict product liability because manufacturers are in the best position to prevent defects and can spread the cost of injuries through pricing and insurance. Consumers cannot inspect products for hidden defects and would face insurmountable obstacles proving exactly how manufacturers were negligent.
Strict liability incentivizes safety by making manufacturers bear the cost of defect-related injuries regardless of their precautions. This encourages investment in safer designs, better quality control, and comprehensive testing.
Types of Defects
Strict liability applies to all three types of product defects:
Manufacturing defects occur when a specific product unit deviates from its intended design due to production errors. The product differs from other units in a way that makes it dangerous.
Design defects exist when the product's design itself is unreasonably dangerous, even when manufactured correctly. All units of that product share the same dangerous characteristic.
Warning defects (failure to warn) occur when products lack adequate instructions or warnings about known risks, even if the physical product is properly designed and made.
Who Can Be Held Strictly Liable?
Strict liability extends throughout the chain of distribution:
- Manufacturers who design and produce products
- Component part makers whose parts contribute to the defect
- Wholesalers and distributors who move products through commerce
- Retailers who sell products to consumers
You can sue any party in the distribution chain, giving you multiple potential sources of recovery. Parties who pay damages can then seek contribution from others in the chain.
What You Must Still Prove
Strict liability eliminates the need to prove negligence but doesn't eliminate all proof requirements. You must still prove a defect existed and caused your injuries. This often requires expert testimony about the defect and causation.
You must also prove damages—the actual injuries and losses you suffered. Strict liability doesn't guarantee recovery; it only removes the negligence requirement.
Limitations on Strict Liability
Not all states apply strict liability to all product cases. Some limit strict liability to manufacturing defects while requiring negligence proof for design defects. Others have modified strict liability through tort reform legislation.
Certain products may have limited strict liability protection. Prescription drugs, for example, may receive different treatment because they necessarily involve known risks that are disclosed to prescribing physicians.
Available Defenses
Manufacturers can defend against strict liability claims by arguing no defect existed or the defect didn't cause the injury. They may also raise product misuse (the plaintiff used the product in an unforeseeable way), assumption of risk (the plaintiff knowingly encountered an obvious danger), and comparative fault (the plaintiff's conduct contributed to the injury).
These defenses focus on the plaintiff's conduct rather than the manufacturer's, recognizing that even strict liability has limits when plaintiffs bear some responsibility.
Advantages for Injured Consumers
Strict liability significantly advantages injured consumers. You don't need to prove exactly what the manufacturer did wrong or how the defect occurred during production. You don't need access to internal manufacturing processes or quality control records to establish liability.
If you've been injured by a defective product, strict liability may provide a path to recovery even when proving negligence would be impossible. Consult a product liability attorney to evaluate how strict liability applies to your case.