What is the difference between a negligence claim and a strict liability claim?
In a products liability negligence claim, the plaintiff must prove that the defendant did not exercise the proper degree of care when manufacturing or otherwise providing the product to the consumer. Everyone in the chain of distribution must exercise reasonable care, including the designer, the manufacturer, and the seller. The duty is owed to anyone who is likely to be injured by the product if it is defective, including the initial purchaser, his or her family members, bystanders, and persons who lease the product or hold it for the purchaser. The duty of care includes the duty to make adequate inspections during product manufacture, the duty to use proper packaging, and the duty to issue adequate instructions and warnings. If any of these duties is breached and someone is injured, the consumer or other injured party can bring a claim based on negligence. In a strict liability case, on the other hand, the plaintiff need not prove any violation of the standard of care. Under this the
