Strict liability: strictly speaking

Most tort cases require the plaintiff to prove that the inaction of another caused him or her injury or damage to property as the result of negligence or intentional misconduct.

Strict liability in tort, on the other hand, is the concept that, in certain situations, a defendant is liable for the plaintiff’s damages without any requirement that the plaintiff proves that the defendant was negligent. For instance, a consumer may suffer an injury while using a product according to its directions. Under the doctrine of strict liability, he or she can receive compensation for damages without showing anything more than the manufacturer marketed a product that was unreasonably dangerous. Strict liability applies regardless of any precautionary measures taken by the defendant.

HINT: Strict liability on the part of everyone who profits from a consumer product increases consumer safety.

Strict liability makes a party responsible for damages their actions or product cause, regardless of any “fault” on their part. When you are involved in a personal injury matter, contact our law office at 570.714.4878. Personal injury cases are our specialty.

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With more than 40 years of combined experience, the personal injury attorneys at Fellerman & Ciarimboli strive to provide the best service to clients in Philadelphia, Northeast Pennsylvania, and throughout the Keystone State.

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