Chicago Personal Injury Lawyer - Article

Strict Liability and Defective Products

Dangerous products injure thousands of people across the country each year. Some injuries are nothing more than minor cuts and scrapes, while others may result in broken bones, disability, or death. Unlike, say, a car accident, however, product liability cases can involve several defendants, since blame for a product defect could be assigned to different parties under different circumstances.

When a manufacturing defect is at the root of a dangerous product, a standard known as strict liability is usually applied. Strict liability is unique in that, unlike many other standards applied to personal injury cases, it is independent of a finding of negligence.

In most personal injury cases, fault can only be established if one party was negligent in causing the injury of another by failing to exercise a reasonable standard of care, but this qualification does not apply to strict liability cases. Under strict liability, a person or business entity is responsible for all consequences of his, her, or its actions, regardless of ‘fault’ or ‘wrongdoing.’ In other words, even if a manufacturer took all necessary precautions to prevent a manufacturing defect from occurring, it is still liable for any defects which do occur.

Strict liability is a very stringent standard for manufacturers, but can often simplify cases for plaintiffs. A plaintiff need only show that the defendant’s actions were the cause of his or her injuries, and does not have to prove that the defendant was careless or malicious in doing so.

If you have been hurt by a dangerous or defective product, contact Chicago personal injury lawyers Friedman & Bonebrake, P.C. at 312-466-8200 today.