Defective Products and Strict Product Liability By Larry A. Tawwater on February 24, 2022

burning electrical cordProduct liability laws hold product designers, manufacturers, and distributors responsible for providing consumers with products that are safe when used as directed. If someone is injured by a defective product, they can pursue compensation from liable parties for resulting damages.

Most cases involving defective products rely on the fault concept of “strict liability.” Product liability lawyers at the Tawwater Law Firm, in Oklahoma City, OK, help their clients understand the concept of strict product liability, and how it pertains to the burden of proof for a defective product claim.

Types of Product Defects

There are three types of product defects that can cause dangers and injuries for consumers. Establishing which type of defect is key to building a strong case of liability in a defective product claim.

  • Design defects - A design defect refers to a flaw in the inherent design of a product. This means that a product is unsafe even though it has been manufactured and used exactly as intended.
  • Manufacturing defect - A manufacturing defect refers to a flaw in how a product is made, or manufactured. This means that the design of a product may be safe, but an error in the manufacturing process has caused it to be dangerous.
  • Marketing defects - A marketing defect refers to flaws in how a product is advertised, or a failure to provide sufficient warnings for known risks, side effects, etc.

What Is Strict Liability?

Unlike most other personal injury claims, defective product lawsuits usually adhere to the concept of strict liability. Strict liability allows a designer, manufacturer, or distributor/seller to be held liable for injuries caused by defective products, even if they were unaware of the defect and did everything possible to prevent the defect from happening. Essentially, the defendant’s intent or conduct does not have an effect on liability. This differs from other types of personal injury claims, where the plaintiff must demonstrate that the defendant was reckless or negligent in their actions.

How to Prove a Claim Involving Strict Liability

The burden of proof in a case involving strict liability is not as high as a personal injury case where negligence must be established. However, strict liability does not mean that the defendant will automatically be held liable. The defense may argue that the plaintiff used the product incorrectly, or that they used a product despite knowing of its defect, and that was the cause of their injuries. 

Injury victims in the Oklahoma City area can work with our product liability lawyers to gather the evidence necessary to establish liability. To prove a claim of strict liability, it must be shown that:

  • The product was unreasonably dangerous when it was designed, manufactured, or sold
  • The designer, manufacturer, or seller intended the product to reach the consumer as is, or unchanged
  • The plaintiff was injured by the defective product

If liability is established, injury victims can hold responsible parties accountable for injury damages, including medical expenses, lost wages, and pain and suffering.

Contact Our Legal Team

If you or a loved one has been injured by a defective product, product liability lawyers at the Tawwater Law Firm can help you hold responsible parties accountable for your losses. To discuss the details of your case with our legal team, send us a message online, or call our Oklahoma City law firm at (405) 673-8021.

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The Tawwater Law Firm Office

The Tawwater Law Firm

The Tawwater Law Firm is dedicated to representing the people of Oklahoma in various types of personal injury lawsuits. For more than 40 years, our firm has adhered to the highest standards of hard work, professionalism, and responsive care for our clients.

To schedule a consultation at our Oklahoma City-based firm, please contact us online or call (405) 607-1400.

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