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The Elements of Strict Product Liability

Posted on December 11, 2023

Strict product liability is a legal doctrine that holds manufacturers, distributors, and sellers responsible for defective products, regardless of negligence. It is rooted in the concept that consumers have a right to expect that the products they purchase are safe when used as intended. If a product fails to meet these reasonable expectations due to a defect, strict liability may apply if the following elements can be established.

Defective Product

The core element of strict product liability is the presence of a defective product. This can stem from design defects, manufacturing flaws, or inadequate warnings and instructions. The product must deviate from the intended design or pose an unreasonable risk to consumers.

Sale of the Product

The product must be in the stream of commerce, meaning it has been sold or distributed to the public. This ensures that all parties involved in the chain of distribution, including manufacturers, wholesalers, and retailers, can be held accountable for any defects.

Unaltered Condition

For strict product liability to apply, the product must be in an unaltered condition when it reaches the consumer. Any modifications or alterations made after leaving the control of the manufacturer could potentially shift liability away from the original producer.


A crucial element is establishing a causal link between the defective product and the injuries or damages suffered by the consumer. It must be demonstrated that the defect was a direct cause of the harm and that the product’s use was foreseeable.

Strict Liability vs. Negligence

The key difference between strict liability and negligence lies in the burden of proof—negligence requires establishing fault, while strict liability centers on the condition of the product or the nature of the activity itself. Negligence requires the injured party to prove that the defendant (at-fault party) breached a duty of care, leading to harm. The focus is on the defendant’s conduct, and elements such as duty, breach, causation, and damages must be established. On the other hand, strict liability imposes liability on a party without the need to prove negligence. In strict liability cases, the central focus is on the defective condition of the product or the dangerous nature of an activity, and the injured party only needs to demonstrate that the product was defective and that the defect caused harm.

Types of Evidence Critical To Proving Strict Product Liability

Types of Evidence Critical to Proving Strict Liability

In a strict product liability claim, gathering compelling evidence is crucial to establishing the presence of a defective product and linking it to your injuries or damages. Types of critical evidence may include:

  • Proof of the Defect: Detailed documentation and analysis of the alleged defect in the product—such as expert opinions, testing results, and product specifications.
  • Product Identification: Clear identification of the specific product that caused the harm. This includes preserving the product in its post-accident state or detailed documentation and photographs if preservation is impossible.
  • Product Packaging: Preservation of the original product packaging, which can be used as evidence of the product’s identity and any warnings or instructions provided.
  • Purchase and Ownership Records: Receipts, invoices, or any other documentation indicating when and where the product was obtained.
  • Medical Records: Comprehensive medical records detailing the nature and extent of the injuries sustained due to the defective product. 
  • Witness Statements: Statements from witnesses who observed the incident or can attest to the product’s defect. 
  • Expert Testimony: Testimony from qualified experts in relevant fields, such as product design, manufacturing, or safety, who can provide professional opinions on the defect and its causal connection to the injuries.
  • Product History and Safety Records: Documentation related to the product’s history, safety testing, and any prior incidents or recalls
  • Instructions and Warnings: Copies of any instructions, labels, or warnings that accompanied the product. If the product lacked sufficient warnings or instructions, it strengthens the claim that the product was defective and unreasonably dangerous.
  • Incident Reports: Any incident reports filed by the injured party, the company that produced or sold the product, or any regulatory agencies. These reports may provide insights into the frequency and severity of similar incidents.

Gathering and presenting comprehensive evidence is essential in establishing a strong case for strict liability. An experienced Philadelphia product liability lawyer can be invaluable in ensuring that all relevant evidence is identified, preserved, and effectively presented to support your claim.