South Carolina Personal Lines Practice Exam

What liability is commonly used in product liability cases?

1. General liability

2. Risk liability

3. Strict liability

4. Product liability

The correct answer is: Strict liability

In product liability cases, strict liability is commonly applied because it holds manufacturers, distributors, and sellers responsible for injuries caused by defective products, regardless of fault or negligence. Under strict liability, a party can be held liable if the product is found to be defective in its design, manufacturing, or marketing (including inadequate warning or instructions), and that defect caused an injury. The basis of strict liability is the premise that manufacturers and sellers should ensure that their products are safe for consumers. This legal principle helps protect consumers by making it easier for them to obtain compensation for injuries resulting from defective products, as the burden of proof is significantly less than in negligence cases, where proof of careless behavior is required. While general liability can cover various forms of liability in business contexts, and product liability specifically refers to the area of law dealing with defective products, it is strict liability that provides the specific framework for holding parties accountable irrespective of their intention or care taken during the manufacturing process.