Two Types of Liability

Two legal theories typically apply to product liability: strict liability and negligence. Although different countries and states have varying laws relating to the enforcement of legal liability, it is important to understand how responsibility is defined by the law and to comprehend the significance of this understanding in relation to products and services.

In order to acquaint you with the ideas that you might come across in claims related to product liability, the subsequent information serves as a mere introduction to these two principles. Given the intricacy of these legal theories, it is advisable to seek guidance from a proficient lawyer.

Two Types of Liability Two Types of Liability


A claim for negligence in the context of product liability centers around the actions of the manufacturer or product seller, specifically their alleged lack of reasonable care when manufacturing or selling the product. For instance, a consumer who has been injured may argue that the manufacturer did not adequately inspect or ensure quality control with reasonable care, or that they did not properly test the product and its component parts. Similarly, the consumer may also argue that the seller did not assemble or install the product with reasonable care.

In the context of a negligence lawsuit, the behavior of all parties is generally taken into account. A manufacturer or product seller might argue that clear instructions, which the injured consumer neglected to read and adhere to, serve as an illustration. The defense against a negligence claim could assert that the product was not used with proper caution.

Strict Liability

Generally, the theory of strict liability shifts the focus of liability from the manufacturer or seller’s conduct to whether the product itself is defective, regardless of the degree of care exercised by the seller or manufacturer. This theory recognizes that the definition of a “defective” product may greatly vary between different countries and states, and it requires the showing of one or more substantial likelihoods of harm that the product presents.

  • Safety feature feasible and necessary a include not does design the when defective be to found may product a – defect design.
  • Manufacturing flaw – a product can be identified as defective when it is not produced in accordance with the intended design.
  • Defective products may have communications (such as instructions, warnings, manuals, and labels) that are insufficient, unsuitable, deceptive, or perplexing – both in terms of defects and instructions/warnings.
  • Every day, we collaborate with businesses of various kinds and sizes, and our expertise can assist you in collaborating with your insurance agent to design a risk reduction plan that aligns with the distinct requirements of your company. To gain a deeper comprehension of your liability vulnerabilities and uncover possibilities for enhancing the safeguarding of your business, brand, and reputation, Travelers suggests examining your entire product life cycle comprehensively. Grasping the legal principles of liability can aid in comprehending the perils you encounter.

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