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Basically the doctrine says that if goods sold are unreasonably dangerous or defective, the merchant-seller will be liable for the immediate property loss and personal injuries caused thereby.
Assumption of risk. Which of the following is not a requirement for strict product liability? The goods must have been substantially changed from the time the product was sold to the time the injury occurred. You just studied 31 terms!
2. Does negligence have to be proven in a successful strict liability case?I would say yes, negligence has to be proven in a strict liability case. A strict liability caseplaces responsibility on a manufacturer or seller for intentionally or unintentionally causing injury to another.
What is one of the elements of the cause of action for a negligence product defect for failure to warn? The defendant knew or should have known that without a warning about the product, the product would be dangerous.
Strict liability laws typically apply to cases involving pet owners or unreasonably dangerous activities.In strict product liability cases, it will not matter whether the defendant was negligent. The plaintiff could still receive financial compensation for damages even without proof of the defendant's fault.
Products Liability is generally considered a strict liability offense. With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent.
In the realm of personal injury law, the fault concept of "strict liability" says that a defendant seller, distributor or manufacturer of a defective product can be liable to anyone injured by that product, regardless of whether the defendant did everything possible to make sure the defect never happened.
In California, there are two main legal theories one can base a product liability lawsuit upon negligence and strict liability.Strict liability laws allow an injured party to sue for damages without having to prove the manufacturer's negligence.
Under a rule of strict liability, a person is liable for all the accident losses she causes. Under a rule of negligence, a person is liable for the accident losses she causes only if she was negligent.