Strict Liability Vs. Negligence In Product Liability Lawsuits

According to the National Consumers League (NCL), there are approximately 34 million product-related injuries and 49,000 product-related deaths each year in the United States. Those who have experienced accidents like these might need compensation. Product-related injuries can cause life-altering disabilities, resulting in lost income and ongoing medical bills. Product-related deaths can lead to funeral expenses, grief, and emotional distress for families. When facing these economic and non-economic damages, one option could be to file a product liability lawsuit. 

While a lawsuit can provide compensation, it can also be quite complex for the average Missouri resident to navigate. Terms like “negligence” and “strict liability” can be confusing, and victims may not know where to start. However, those harmed by defective products do not need to pursue justice alone. Instead, they can turn to experienced product liability attorneys in Kansas City for assistance. Continue this conversation by contacting Dickerson Oxton at (816) 542-6599. 

What Is Negligence?

Negligence is a requirement for most personal injury lawsuits. When someone is negligent, they are “liable” for the injuries of a victim. Negligence is roughly equivalent to the concept of “fault,” but its true legal definition is much more complex. There are four elements of negligence, and a typical plaintiff must prove the existence of all four in order to achieve success in their personal injury lawsuit. 

Duty of Care

The first element of negligence is “duty of care.” A duty of care represents a responsibility to take reasonable preventative steps against injuries to other people. For example, all motorists owe the general public a duty of care when they start operating their vehicles. A reasonable person keeps their eyes on the road, remains sober, and stays within the speed limit. 

Breach of Duty

The second element of negligence is breach of duty. Someone might breach their duty of care in various ways, and this may be an action or an inaction. A classic example is driving under the influence. A property owner might also fail to repair their property, creating an injury hazard in the process. 

Causation

Causation is the third element of negligence. In order to establish causation, the plaintiff must show that the breach of duty led directly to injuries. Breaches do not always lead to injuries. For example, a driver might have operated their vehicle drunk without causing an accident. The final element of negligence is “injuries.” Plaintiffs must establish that their injuries are real, and they do this by seeking medical treatment and using the resulting medical records as evidence. 

What Is Strict Liability?

In some personal injury cases, there is no requirement to establish negligence. Instead, defendants are “strictly liable” for the injuries they cause. In other words, defendants face a higher standard of accountability in these situations. They cannot escape consequences simply because they did not make a mistake or take reasonable steps to prevent an accident. 

Does Strict Liability Apply in Missouri Product Liability Lawsuits?

According to an article published by the American Bar Association, courts first began to apply strict liability to product-related lawsuits in the late 1950s. Before this point, product manufacturers and designers face liability on “traditional negligence grounds.” Strict liability applies to product liability lawsuits in Missouri. This means that the average plaintiff in a product liability lawsuit does not need to worry about proving negligence. 

What Do I Need to Prove in a Missouri Product Liability Lawsuit?

While there is no requirement to establish negligence in a product liability lawsuit, this process can still be challenging. Although there is no requirement to prove duty of care or breach of duty in these cases, plaintiffs still need to establish causation and their injuries. In other words, the victim must prove that the defective product caused real injuries. This is not always easy, and product manufacturers may utilize various defense strategies to cast doubt on both causation and injuries. 

For example, an e-bike rider might suffer a traumatic brain injury due to brake failure. What if the accident happened on an empty road with no witnesses? How does the victim establish that their head injury was caused by brake failure, and not some other issue? What if a victim dies due to a kitchen fire caused by a defective blender? If the house were destroyed, how would the family prove that the fire was caused by the blender and not some other defect in the home? These kinds of issues can be challenging to overcome. When facing these challenges, many victims and their families choose to work with experienced product liability lawyers, such as those at Dickerson Oxton. 

Always Seek Medical Attention Immediately After Product-Related Accidents

Aside from establishing causation, victims of product-related accidents must also prove that their injuries are legitimate. This is another crucial requirement in strict liability cases, and it is all too easy to overlook in the immediate aftermath of an accident. After a product-related incident, a victim might assume that their injuries are relatively minor. However, only a doctor can accurately diagnose patients. 

Some injuries are far worse than they appear at first. For example, a victim might not remember striking their head, and they may have intracranial hemorrhaging without realizing it. Certain types of fractures can also be difficult to detect for the average victim. Those who fail to seek prompt treatment may find it difficult to pursue compensation at a later date. 

Learn More About Strict Liability With Dickerson Oxton

Concepts like strict liability and negligence can be challenging to understand, even after conducting thorough online research. A direct conversation with a product liability lawyer in Kansas City could prove more instructive. During this discussion, a victim may be able to ask questions and raise specific concerns. A personal injury lawyer may also explain legal concepts in different ways until the victim gains a more concrete understanding. That said, there is no need to become a legal scholar simply to file a product liability lawsuit. While strict liability could make it easier to pursue justice and compensation in certain situations, it is important to remember that each case is slightly different. Those who wish to go beyond online research may contact Dickerson Oxton at (816) 542-6599.