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Negligence and Strict Liability in Defective Product Lawsuits

Posted on in Personal Injury

b2ap3_thumbnail_shutterstock_1948159807-min.jpgThousands of people suffer personal injuries every year because of defective products. Often, their quality of life is drastically impacted as a result. Many victims suffer tremendous pain, are left unable to work, and are buried under medical debt.

Mired in such desperate circumstances, many victims decide to pursue legal action. Although many defective product lawsuits are brought under a theory of negligence, they can also be brought under a theory of strict liability.

How Strict Liability Lawsuits Work

Negligence refers to carelessness or irresponsibility that results in injury or death. Many product liablitiy claims are founded upon an allegation of the defendant’s negligence. For example, a product manufacturer may act negligently by failing to conduct adequate quality assurance. Strict liability lawsuits do not require a showing of negligence.

To win a strict liability action, the plaintiff must only demonstrate that:

  • The product was in some way unreasonably dangerous or unsafe when it was designed, manufactured, or sold.
  • The seller had no intention to change the product before it reached consumers.
  • The defective product injured the plaintiff.

Without strict liability, many defective product lawsuits would not be possible. Plaintiffs would have the difficult task of demonstrating that negligence occurred at some specific point during the design, manufacturing, or distribution of the product.

Strict Liability Is Not a Silver Bullet

Even though strict liability claims are easier to prove than negligence claims, they can still be defeated. Defendants often try to argue that the plaintiff tampered with the product or used it in a way that was not intended. Additionally, if the plaintiff continued to use the product even after learning of the defect, the defendant may escape liability.

Contact a McHenry County Personal Injury Lawyer

When we purchase a product, we expect it to work as described in a safe and effective matter. When a person is injured by a defective product, this trust is violated.

Overcoming serious injuries caused by a defective product is often an uphill battle. However, it is important to remember that the law is on your side. With the help of an experienced personal injury lawyer, you can file an injury claim against those responsible. If the claim is successful, you may be awarded financial compensation known as damages.

The lawyers at Botto Gilbert Lancaster, PC have committed their careers to holding powerful corporations accountable, winning significant compensation for their clients in the process. We offer tenacious legal representation that prioritizes that client’s interests.

If you are looking for a McHenry County personal injury attorney that fights for his clients, contact Botto Gilbert Lancaster, PC today at 815-338-3838 to set up a free initial consultation.

 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-621

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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