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More on the strict liability standard


The law of defective products is complex. A previous post on this blog from several months ago discussed the different liability standards that might apply to a products liability case. Perhaps the most well-known of these standards is what people in the legal world call "strict liability."

As the name "strict liability" implies, in cases involving defective products, usually a Camden County resident is not going to have to show that the seller or manufacturer of the product was actually negligent, or careless, in order to recover compensation for his or her injuries. The idea behind this strict liability standard is that it is very difficult to prove how a manufacturer carelessly made a product.

However, New Jersey residents should not confuse strict liability with the notion that one need not prove anything in court. In a strict liability case, the injured person still has to prove the product which caused the injury was "unreasonably dangerous." That is, there was some flaw in its design or the way that particular product was made that made the product unsafe even if it was being used as intended.

It is also important to note that the product cannot have been altered in such a way that the way the product behaves was significantly changed.

While strict liability is a legal concept that is helpful to New Jersey consumers, it is important to remember that it does not amount to giving a person a free pass in court just because they have been hurt by a product. A thorough investigation and well-prepared legal arguments are still important elements of a successful products liability lawsuit.

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