Product liability cases require proof of two things:
- That the product is defective
- That such defect caused plaintiff’s injuries
Product Liability is evaluated differently than a common case for negligence. Unlike negligence, which is based upon a duty of reasonable care, product liability cases are subject to the highest standard, known as “strict liability.” Unlike negligence cases, a product manufacturer is subject to liability, even if they act reasonably. Simply put, if the manufacturer puts a product into commerce that caused injury, the manufacturer is liable.