Paralegal Certification PrepLegal Terminology and ConceptsMedium
A paralegal is conducting research for an attorney representing a client who was injured when a defective product malfunctioned. The attorney explains that they intend to sue the manufacturer under a theory where liability is imposed regardless of the manufacturer's fault, due to the inherently dangerous nature of placing certain products into the stream of commerce. What is this legal theory called?
- AContributory Negligence
- BAssumption of Risk
- CStrict Liability
- DRes Ipsa Loquitur
Show answer & explanationAnswer & explanation
Correct answer: C. Strict Liability
Strict liability in product liability cases holds manufacturers liable for injuries caused by defective products, even if they exercised reasonable care. The scenario specifically mentions liability 'regardless of the manufacturer's fault,' which is the hallmark of strict liability.
Why the other options are wrong
- A. Contributory negligence is a defense where the plaintiff's own negligence contributed to the injury, not a theory of liability.
- B. Assumption of risk is a defense where the plaintiff knowingly and voluntarily accepted a risk, not a theory of liability.
- D. Res Ipsa Loquitur is a doctrine allowing negligence to be inferred in certain circumstances, but it still requires a showing of negligence, unlike strict liability.
Strict Liability (Product Liability)
Legal doctrine holding manufacturers or sellers liable for defective products that cause injury, regardless of fault or negligence.
- Plaintiff only needs to prove the product was defective and caused injury.
- Does not require proof of negligence or intent.
- Applies to inherently dangerous activities or defective products.
- Aims to protect consumers and encourage safer products.
Memory trick: Strict Liability: No fault, just facts of the defect.