What is strict liability?

healyscanlonveugelergannon • July 15, 2016

As this blog has discussed on many occasions, manufacturers are expected to produce products that are safe for consumers to use. However, many of these manufacturers fall short of these expectations. In these cases, people are sometimes injured by products they have purchased in the marketplace. Some of these injuries can be severe and cause long lasting damage.

When this occurs, Illinois residents may need to seek compensation for their injuries. This compensation can include medical expenses, lost wages and more. Without this compensation, consumers may be left to shoulder the burden of this difficult injury on their own.

In order to hold some companies responsible for the dangerous products they produce, the doctrine of strict liability has been created. Strict liability holds companies responsible for specifically dangerous products that they produce even when they have not been specifically negligent. This allows consumers to seek the legal relief they need when they are injured, even if the company’s carelessness cannot be shown to have caused those injuries to occur.

In order for  strict liability  to apply, a product must contain an unreasonably dangerous defect, and have injured a consumer. The defect in the product must have caused the injury while the product was used as it was intended. Finally, the product must be in substantially the same condition as the time the product was sold, and to apply to a seller, that seller must routinely sell that kind of product.

When these conditions are met, consumers may be entitled to compensation from the manufacturer whether not that manufacturer was negligent. It is important for people who have been injured by products to understand their legal rights. For specific legal advice following an injury from an  Illinois defective product , individuals should consider speaking with an attorney about product liability laws.

December 11, 2024
Rachel Strieber was honored to plan and co-host the "Women's Bar Cook County Judges' Night" on December 5, 2024. Over 40 judges were in attendance. Rachel is currently a member of the Illinois Women's Bar Association's Civil Litigation Committee where she works to increase opportunities for continuing legal education for fellow attorneys. Rachel also serves on the planning committee for the Women's Bar "Top Women Leaders" and "Judicial Reception" events.
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Kevin Veugeler secured a $3.2 million recovery plus a waiver of $750,000 in Workers' Compensation benefits for a Sprinkler Fitter who fell from a ladder. While litigating this case, Kevin was able to show that the general contractor and owner of the jobsite failed to follow their own site-specific safety plan to protect the safety of their subcontractors. Through documents and deposition testimony, Kevin was able to establish that the general contractor and owner failed to provide a safe place to work. If you, a friend or a family member have been injured, please contact Healy Scanlon Veugeler Gannon for a free consultation.