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Defective Product Injuries: Proving Fault
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Who Can Be Sued
You can always go after a manufacturer for a defective or dangerous product, but you can't always sue the seller of such a product. Strict liability operates against a non-manufacturer who sold or rented a product only if it is in the business of regularly selling or renting those particular kinds of products. In other words, if you bought something at a flea market stall, garage sale, or thrift store that sells all kinds of things but not any one type of item on a regular basis, strict liability may not apply.
Rules of Strict Liability
Regardless of what steps a manufacturer or seller says it takes in making and handling a consumer product, you can make a strict liability claim -- without showing any carelessness on the part of the manufacturer or seller -- if all three of the following conditions exist:
- The product had an "unreasonably dangerous" defect that injured you as a user or consumer of the product. The defect can come into existence either in the design of the product, during manufacture, or during handling or shipment.
- The defect caused an injury while the product was being used in a way that it was intended to be used.
- The product had not been substantially changed from the condition in which it was originally sold. "Substantially" means in a way that affects how the product performs.
Time Limits on Lawsuits
Most states have laws limiting how long after a product has been sold to the public the manufacturer or seller can be held liable under strict liability rules. The limits are usually from six to 12 years after the manufacturer initially sold the product. So, in a strict liability claim, you might need to determine how old the product is that injured you.
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