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Torts • Products Liability
TORT#076
Legal Definition
Two valid defenses to strict products liability are: (1) assumption of risk, and (2) comparative negligence. Note that contributory negligence is not generally a valid defense.
Plain English Explanation
Strict liability is the idea that people can be held to a very strict level of liability, despite not actually being at fault for harm that is caused by their actions. No amount of reasonable care will relieve a defendant of strict liability. However, where the plaintiff's actions played a role in their harm, the law will take it into account.
Related Concepts
In establishing a valid strict products liability claim, what is a design defect?
In establishing a valid strict products liability claim, what is a manufacturing defect?
In establishing a valid strict products liability claim, what is a warning defect?
What are the 5 theories of products liability?
What are valid defenses to product liability claims based on breach of warranty?
What is required to bring a valid products liability claim under breach of express warranty?
What is required to bring a valid products liability claim under breach of implied warranty of fitness for a particular purpose (IWFPP)?
What is required to bring a valid products liability claim under breach of implied warranty of merchantability (IWM)?
What is required to bring a valid products liability claim under intent?
What is required to bring a valid products liability claim under misrepresentation of fact?
What is required to bring a valid products liability claim under negligence?
What is required to bring a valid products liability claim under strict liability in tort?
