Strict liability is a crime or violation of law that finds a person guilty regardless of the level of care, intention, or knowledge they exhibited when the violation occurred. Essentially, it means that the mere fact they broke the law is evidence enough to render them guilty.Strict Product Liability:Strict Product Liability operates similar to Strict Liability in Torts. There is no need to prove intention and often, the mere fact that the injury/accident occurred is proof enough to deem the manufacturer liable, or at fault. This aroseout of public policy, meaning, the courts and legislatures found it necessary to hold businesses and manufacturers accountable for the products they were putting into the marketplace. For example, if an unscrupulous manufacturer sells a toaster over that they know frequently overheats and causes fire, that manufacture should be held liable for damages to consumers' property and health/safety.Product Liability - NotesWhen a product is defective and causes an injury, there are three types of defects possible. 1) Design Defect:This basically means the whole product was designed poorly or not properly tested, in which case all the products will likely be defective and dangerous.2) Manufacturing Defect:The product was designed fine, but the error or dangerous aspect was introduced during the making of the product. Often not all the products will be dangerous, just those with the problem caused during manufacturing. 3) Marketing Defect:The name of this is a little misleading because the problem may not be contained within the scope of what most people consider marketing. Instead, this defect is often seen in the warnings and instructions included with a product - if the manufacturer fails to provide proper warning labels or clear instructions to help consumers avoid
injuries they can be held liable. Many products are defective but may not cause injuries. Many injuries caused by products may be the result of user error and not a defect.Examples of Product Liability:7 Famous Product Liability CasesProduct liability cases are no laughing matter. People get hurt, and we represent them. Every now and then, news outlets report on product liability cases because of their large scale. Other times, the media sensationalizes productliability cases. Here are 7 you may or may not have heard about.1. Philip Morris (Links to an external site.)Links to an external site.It shouldn’t come as a surprise a tobacco company made the top of the list. A woman sued the company, claiming cigarettes produced by Philip Morris caused her lung cancer and long-term addiction. The company was originally ordered to pay $28 billion in addition to $850,000 in compensations. While this did drop down to $28 million, it is a sizable liability case for the company.
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Corporation, Types of business entity, Limited liability partnership