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# Product Liability: How It Turned Strict
- URL: https://www.foodsafetynews.com/2009/09/product-liability-how-it-turned-strict/
- Published: 2009-09-02T20:43:42.000Z
- Updated: 2018-07-30T19:40:44.000Z
- Author: Denis Stearns
- Tags: For Industry, #wp, #wp-post, #Import 2025-11-25 09:53

[![](http://foodsafetynewsfullservice.marlersites.com/files/2009/09/product-liability-strict.jpg "product-liability-strict")](http://www.marlerclark.com/pdfs/product-liability-strict.pdf?ref=foodsafetynews.com)

The concept of strict product liability is addressed in “[Product Liability: How It Turned Strict](http://www.marlerclark.com/pdfs/product-liability-strict.pdf?ref=foodsafetynews.com),” one of a series of articles for ID Access that address the legal risks faced by manufacturers and food distributors: “Under the new rule of strict liability, to hold a manufacturer liable, a person injured while using a product need only show that: (1) the product was defective; (2) it was used as intended; and (3) the defect caused the injury. The care used in the manufacture of the product is irrelevant to the determination of liability. The only issue in a product liability case is the defectiveness of the product, not the manufacturer’s conduct in somehow allowing the defect to arise. As a result, proof of negligence is not required to recover damages.”