Strict Products Liability

A manufacturer is strictly liable if it places a defective product in the market that causes injury to others. There are several policy reasons for holding a manufacturer of a defective product strictly liable.

A.

Better Position A manufacturer is in a better position to anticipate and avoid defects.

B.

Loss Spreading A manufacturer can better spread the costs by charging all its customers more and using the money to compensate a plaintiff.

C.

Encourage Research Holding manufacturers liable will give them the incentive to develop safer products.

D.

Difficulty of Proof It is almost impossible for a plaintiff to prove a defendant was at fault given the complex technologies and procedures of modern production.

E.

Reciprocal Risk The rationale that a manufacturer marketed the product and therefore should be held responsible.