Products Liability and Strict Liability

The products liability law in your state may have the concept of strict liability. Strict liability involves the assessment of liability on the basis of the defect itself. The law permits liability to be assessed against the defendant on proof that the product was defective.


Products liability cases are very expensive to pursue. Expert engineers must testify concerning the defect in the product. The big corporations involved with the design, manufacture, etc., of the product have lots of lawyers and big budgets. They hope to paper to death the opposition with legal motions, petitions, etc. Your attorney must have the know-how and resources to do battle with the big boys. Many PI attorneys refer out the products cases that come to them if products liability is not their specialty. Be careful of others that take every case that walks in the door, intending to learn each new area of law as the need arises.

Because of the expense and time involved in the products liability war, the injuries must be serious for the case to be viable. As with medical malpractice cases (see Chapter 5 of my book, Winning Your Personal Injury Claim), unless the case is worth $75,000 or more, it will be hard to find a reputable attorney who will take it.

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