Understanding strict liability | Bart Durham Injury Law

Understanding strict liability

According to Cornell University’s Legal Information Institute, many product liability cases fall under the category of strict liability offenses. Because of this, those who are considering pursuing a product liability lawsuit in Tennessee may wish to gain a better understanding of how strict liability functions in the context of civil litigation involving a design or manufacturing defect.

Most torts and crimes involve an assessment of the defendant’s intentions. As explained by the LII, strict liability offenses differ from this, as they do not require plaintiffs to meet any burdens of proof regarding the defendants’ intentions. Rather, a strict liability claim leaves the act to speak for itself—if a defect exists in a product, those who are responsible for designing, manufacturing, distributing and selling it can be held liable for releasing a dangerous product into the public market stream.

Because strict liability claims are not concerned with defendants’ intentions, the focus of these cases will often center three categories of defects:

  •          Design defects, which are inherent because they exist in the products’ specifications
  •          Manufacturing defects, which occur while the product is being made 
  •          Defects in marketing, which stem from inadequate instructions and safety warnings   

The American Bar Association advises that those who are injured by products should take steps to preserve evidence as soon as the accident occurs, as this can be very helpful in the event that these victims should choose to pursue a product liability lawsuit. The ABA’s tips include keeping the accident site as pristine as possible, taking photographs of the area and the injury, recording the product’s serial number and documenting all medical treatments.


No Comments

Leave a comment
Comment Information
Bart Durham Injury Law

You Deserve To Be Paid For What You've Gone Through

Our attorneys have more than 75 years of experience helping people like you.

Results For Our Clients

  • $3 Million Settlement - Passenger Hit By A Drunk Driver
  • $1 Million Judgment - Passenger Hit By A Drunk Driver
  • $1,450,000 Settlement - Passenger Hit By A Truck
More Client Results


  • "All of the staff members at Bart Durham Injury Law are very friendly and great to work with. They have open lines of communication with their clients, and respond in a timely manner. I trust them with my legal matters, and would advise anyone else in need of a lawyer to contact them first." - Julia Batson
  • "Bart Durham has a great team of people who are quick to respond and quick to help. The first time I met with them, they were kind and welcoming, and really listened to what I had to say. After my accident, I wasn't sure what to do, or how to get started. They took me through the process step by step, and got me the help I needed to continue on with my life. This is a friendly team with a dedication to helping people, and I'm so thankful for them!!" - Kara Davidson
More Testimonials