Jump to Navigation

What is "strict liability"?

Previous posts here have mentioned that when a defective product results in an injury or death for an Illinois resident, a lawsuit would proceed under "products liability" law. However, there is part of this area of law that may be foreign to many of our readers: the concept of "strict liability." So, what is strict liability in a products liability lawsuit?

Strict liability is a concept that applies in products liability lawsuits because it can be more difficult to show the carelessness, negligence or recklessness in the timeline of the production of any given consumer product. For example, if a product is defective, obviously at some point in the timeline of the production of that product someone committed an error. But, how could an injured consumer prove when that error occurred? It could be almost impossible. As a result, strict liability holds that the injured party doesn't have to go through the process of showing that the manufacturer of the product was negligent.

Instead, under strict liability, the consumer has to show that the injuries were caused by the defective product, that the defect in the product existed at the time it was sold by the manufacturer and that the defect was unreasonably dangerous. The defect could be in the product's design, production or an insufficient warning.

When an Illinois resident is successful in proving a products liability case, financial compensation can be awarded to help the injured party recover from the injuries. And, it will most likely also result in a recall of the defective product.

Source: FindLaw, "Proving Fault in a Product Liability Case," Accessed April 23, 2017

No Comments

Leave a comment
Comment Information
Do You Have a Case?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Our Office Locations

Brady & Jensen, LLP
Attorneys At Law

2425 Royal Boulevard
Elgin, IL 60123

Phone: 847-960-3121
Toll Free: 866-930-2063
Fax: 847-695-3243
Elgin Law Office Map

Brady & Jensen, LLP
Attorneys at Law

825 West State Street
Geneva, IL 60134

Phone: 630-262-0475
Geneva Law Office Map

Google Plus