What is 'strict liability'?
Some persons or companies may be held “strictly liable” for certain activities or products that harm others, even if it can’t be shown they acted negligently or with intent. This theory is important because it protects the community from dangerous products or activities and provides relief for injuries. Strict liability is applied to two different situations which the public should be made aware. These are strict products liability and liability for people engaged in “ultra hazardous activities.”
Strict products liability is applied against merchants of a product who sell abnormally dangerous products. A product may be abnormally dangerous because there is a defect it its design such as a faulty brake pedal, or simply because it lacked adequate warnings. A product may also be abnormally dangerous because of a manufacturing defect which resulted in a single defective product entering the stream of commerce. An example of this is a soda bottle entering the stream of commerce that contains a glass shard. In either case, both the manufacturer and merchant are liable for the sustained injuries that were foreseeable at the time the product was designed and manufactured. It is important to note, casual sellers of products such as those who host garage sales will not be strictly liable as merchants.
Strict liability is also used to protect the public from ultra hazardous activities. An ultra hazardous activity is one that involves a risk of serious harm which cannot be eliminated by the exercise of utmost care. Classic examples of ultra hazardous activities include blasting using dynamite or keeping wild animals. The person who engages in an ultra hazardous activity will be liable for all damage and injuries resulting from the activity regardless of whether they took every single possible precaution imaginable.
If you have been injured by a defective product or as the result of an ultra hazardous activity, it is important to contact a personal injury attorney immediately. Injury claims are limited by a state’s statute of limitations and failure to file within this period may result in the forfeiture of your claim.
Additional Avandia FAQs
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Q:
What is Avandia?
A: AVANDIA is a prescription medicine used, along with diet and exercise, to treat adults with type 2 (“adultonset” or “non-insulin … More -
Q:
Is Avandia dangerous?
A: Taking Avandia may be dangerous. The FDA has warned that AVANDIA can cause serious side effects related to heart failure and other heart problems. … More -
Q:
Can Avandia cause heart failure?
A: Yes, it can causecongestive heart failure in some patients. The FDA specifically issued the following warnings: WARNING: CONGESTIVE HEART FAILURE … More -
Q:
Who should NOT take Avandia?
A: Many patients with heart failure should not start taking AVANDIA.In addition, if you have any of the following medical conditions, you should talk about them with … More -
Q:
Has the FDA issued any safety alerts regarding Avandia?
A: Yes. The FDA has issued safety alerts about the use, and side effects of using, Avandia. In addition, the FDA has conducted long investigations into its … More -
Q:
Has the FDA conducted studies to determine the safety of taking Avandia?
A: Yes. In fact, the FDA had enough concern over whether the increased risk of heart failure linked to Avandia is even worth it being on the market at all. … More -
Q:
Have our congressional representatives proposed any new laws or regulations regarding the safety of Avendia?
A: Yes. Senator Chuck Grassley and Representative Rosa DeLauro led a bipartisan oversight committe regarding the safety of Avandia. After … More -
Q:
Do patients who've suffered harm from a dangerous drug have a right to bring a lawsuit or a class action lawsuit?
A: Absolutely. There have been many successful lawsuits, including class action lawsuits, brought by consumers after being harmed by a dangerous or recalled drug. … More -
Q:
What is a black box warning?
A: A black box warning, also referred to as a boxed warning, is the most urgent warning mandated by the FDA. It is used to alert consumers of the adverse risks … More
