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Tag Archives: products liability

The Importance of “Causation” in Products Liability Cases

By Robert Ross |

THE PLAINTIFF HAS THE BURDEN OF PROVING CAUSATION Generally speaking, the plaintiff in a product liability/strict liability action must prove that a defect in the defendant’s product caused the injury. The plaintiff does not have to prove that the defendant was negligent (unless, of course, negligence is also being pled).  THE PRODUCT’S DEFECT MUST BE… Read More »

When Is a Product Legally Defective?

By Robert Ross |

A plaintiff seeking recovery under a products liability (or “strict liability”) theory must prove that his or her injuries were caused by a defective product.  The question, then, is “what makes a product defective?” Products liability law recognizes three types of legally actionable defects: — Design defects — Manufacturing defects — Warning defects Simply receiving… Read More »

“Strict Liability” for Product Defects

By Robert Ross |

What is Strict Liability? “Strict liability” is a legal theory which holds defendants liable for injuries and damage caused by defective products. The term “strict liability” relates to the fact that liability attaches based on proof that the product: (a) was defective and (b) caused the damage or injury. Unlike some legal theories, such as… Read More »

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