What is the strict liability standard?
Many people may have heard something about strict liability when they’ve watched or read the news. However, they may not understand exactly what this legal doctrine entails. In fact, it is a development in the law that can be tremendously helpful to Tampa-area victims of dangerous or defective products.
The idea behind strict liability is to protect victims from having to go through the difficult process of proving that the manufacturer or distributer of the product was careless. Unlike things like car accidents, proving the manufacturer of a product careless can be quite difficult since it would entail having to dig through the company’s procedures, engineering plans and the like.
Because of this, courts across the country will hold a manufacturer of a product strictly liable to compensate victims if the product itself is unreasonably dangerous. Basically, this means if someone gets hurt while using the product in the way that could be contemplated, the manufacturer will be responsible to compensate the victim even if it did everything it reasonably could to make the product safe.
A Florida resident should not confuse strict liability with absolute liability because, as with any case, a manufacturer may have some defenses available. However, the bottom line is that someone in Tampa who gets hurt because of a dangerous toy, tool, machine or even food product may have legal options available to him or her.
For instance, he or she can ask for compensation for his or her medical bills, lost wages and other out-of-pocket expenses. Moreover, the injured victim can also seek compensation for so-called non-economic damages like pain and suffering. The means for doing this is via a products liability lawsuit, which a victim can file with the help of an experienced personal injury attorney.
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