Strict liability refers to “liability without fault”. In a strict liability case, liability does not hinge on the defendant’s care or lack of care; if the product is shown to be defective, the defendant will be held liable regardless of whether they exercised the appropriate care or not.
Thus, under strict liability, if the product has a defect that causes harm, the defendant will be held liable for the harm caused.
In order to establish a product liability claim under strict liability, the plaintiff must show:
- A defect in the product caused the injury;
- The product was being used in a manner consistent with the way it was intended to be used; and
- The product was not substantially changed or modified from the time it left the seller or manufacturer’s hands.
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