Strict Products Liability v. Negligent Products liability
Posted: Fri Jul 25, 2014 9:58 am
Can someone please explain the differences between the two, such as whether the retailer needs to inspect the goods, privity with 3rd parties, etc.
Big thing I believe is for strict liability, it doesn't matter how careful the manufacturer was. If you're injured and you can show some kind of defect + causation, then they will be liable.
For negligence, you have the additional burden of proving the manufacturers breached their duty of care (i.e. by not carefully inspecting the product).
There are probably other small differences, but the MBE is most likely going to ask questions about that.