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Is My Product Defective? | Mandell, Boisclair and Mandell, Ltd
April 14, 2021

What Is Strict Liability in Defective Product Claims?

When the designer or manufacturer of a product negligently or intentionally ignores a defect, the consequences can be devastating. Defective toys, appliances, vehicles, and other products reach the hands of consumers and cause catastrophic, and sometimes fatal, injuries every year.

The accomplished product liability attorneys at Mandell, Boisclair & Mandell, Ltd can help you and your family seek compensation for injuries caused by a defective product. Our extensive experience in these complex matters can provide you with a distinct advantage in your defective product case.

What Does Strict Liability Mean?

Proving negligence is an essential element of most personal injury cases. In order to be considered liable in a car accident case, for example, it must be proven that the other driver’s careless, reckless, or otherwise negligent behavior led to the crash that caused an injury.

Strict liability, on the other hand, eliminates the need for determining negligence. The reasoning for strict liability in defective product cases is this: If consumers were required to identify and demonstrate the specific unsafe or unreasonable behavior that took place at any point along the timeline of a product’s journey to the consumer’s hands, including the product’s design, manufacture, and distribution, product liability cases would be virtually unwinnable. Because of this, courts and state legislature have established strict liability as law in product defect cases.

In a claim of strict liability, the following must be proven:

  • The product was unreasonably dangerous or unreasonably unsafe when it was designed, manufactured, or sold.

What About Negligence in Product Liability Cases?

A claim for negligence can still be pursued in product liability claims. In a negligence-based product liability case, it must be proven that one or more parties involved in the design, manufacturing, and/or distribution of a defective product failed to meet the standard of care for bringing a safe product to market. Additionally, you must prove that your injury resulted from the defect caused by the designer’s, manufacturer’s, or seller’s negligence. 

Your attorney will review the details of your case and advise you on your legal options and the best course of action against the potentially liable parties in your claim.

Types of Product Defects

There are a number of different types of product defects in product liability cases; these include the following:

  • Design defects involve errors made in the original design of a product. Meaning that even if the product was manufactured correctly, the defect would still exist. For example, if the chain that connects the swing set to the swing was improperly designed and a subsequent weakness in the chain’s structure led to an injury, the defect would be in the design, not the manufacturing. In cases of design errors, numerous products in the same line may likely experience the same defect.
  • Manufacturing defects relate to the manner in which the product was assembled or made. For example, if a swing set was properly designed, but a mistake in the manufacturing process caused a weakness in the chain in one or more swingsets which then led to a child’s injury, the manufacturing error would be the cause of the product defect.
  • Failure to warn describes a company’s failure to warn consumers about a known or foreseeable hazard. From swing sets to cars to chainsaws, some products pose an inherent risk. If these products are not used in the way that was intended, serious injuries can occur. Product warning labels should include information about existing hazards and risks, the potential consequences of these risks, and instructions for avoiding the risks. If these warnings are missing or are not written properly and that leads to injury, a manufacturer or other party may be held liable.

Contact a Product Liability Lawyer in Providence Today

Defective product claims can be very complex, and require the knowledge, skill, and resources of an experienced attorney. If you or a loved one has been injured by a defective product, our defective product lawyers can help. 

At Mandell, Boisclair & Mandell, Ltd, we understand the hardships you may be facing after a serious injury, and we are committed to helping you seek the justice and compensation you deserve. With decades of experience handling complex product liability claims, we aren’t intimidated by large organizations and we don’t back down from a fight.

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If you are seeking help with a defective product matter, contact Mandell, Boisclair & Mandell, Ltd today at (401) 273-8330 to discuss your case for free with an experienced product liability attorney in Providence. Your initial consultation is free, and you only pay us a fee if we reach a successful outcome in your case.