Proving Strict Liability in New Jersey

New Jersey product liability lawyers, such as Seeger Weiss, may elect to pursue strict liability or negligent liability for victims injured by a product defect. Strict liability tort is a concept that says a defendant is liable for a plaintiff's damages without the requirement of proving that the defendant was negligent, whereas negligent liability, requires this degree of proof.

Strict liability tort in New Jersey does not rest on a consensual foundation, but one created by law. Product strict liability was created judicially because of the economic and social need for protecting consumers in an increasingly complex and mechanized society, and because of the limitations in the negligence and warranty remedies that many New Jersey product liability lawyers and others had tried without success. With tort strict liability the costs of injuries resulting from defective products are borne by the manufacturer rather than by the injured persons who are powerless to protect themselves.

Strict Liability vs. Negligence


The distinction between strict liability vs. negligence was explained in Jiminez v. Sears, Roebuck & Co. (1971) 4 Cal.3d 379, 383 [52 A.L.R.3d 92]: "It is pointed out that in a products liability case the plaintiff in order to recover in strict liability in tort must prove that he was injured by a defect in the product and that the product was defective when it left the hands of the retailer or manufacturer; whereas to recover in negligence the plaintiff must prove the same two elements plus an additional element, namely, that the defect in the product was due to negligence of the defendant."

Our New Jersey product liability lawyers can support you if you have been victimized by an unsafe product due to any one of the following scenarios: a defect in manufacture or design or a failure to adequately warn the consumer of a hazard involved in the foreseeable use of the product.

Call Us Toll Free:

888-584-0411