Strict Liability

Strict Liability

By definition, strict liability means liability regardless of fault (Miller and Hollowell, 2011). When defective products, dangerous animals, or non-typical hazardous activities exact physical injury to a person and that person files a tort, the defendant can have strict liability imposed on them.

Product liability on the other hand is defined as the legal liability of manufacturers and sellers to buyers, users and sometimes bystanders for injuries or damages suffered because of defects in goods purchased (Miller and Hollowell, 2011).

Problem: Bob is shopping in Carl’s Hardware Store when a nail gun in use by Dan, one of Carl’s employees, fires without warning and hits Bob in the leg. Carl checks the gun and discovers that it was assembled improperly. Bob files a suit against Eagle Tools, Inc., the manufacturer of the gun, for product liability, on the ground of strict liability. What are the elements for an action based on strict liability? In whose favor is the court likely to rule and why?

The elements needed to take action under the strict liability premise must meet certain requirements.

1. The product is defective when the defendant sells it.

2. The defendant is usually engaged in the business of selling or distributing the product.

3. The product is excessively dangerous to the user since it is defective

4. The plaintiff suffers physical injury to themselves or their property because of using or consuming the product.

5. The defective product was the probable cause of the physical injury to the plaintiff or their property

6. The product cannot have been modified from the time it left the manufacturer or distributor until the time the injury occurred.

When a product is defective to the point it threatens a consumer’s health and safety because the product was dangerous beyond the belief of an ordinary consumer or the manufacturer did not produce a cost effective, less hazardous alternative then it is an unreasonably...