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Setting The Standard In Personal Injury Law

How does strict liability work in defective medical device cases?

In a personal injury case involving a defective medical device, the strict liability doctrine can improve the odds of winning a products liability lawsuit. Even better, the manufacturer may be found liable even if it cannot be proven that the entity caused the plaintiff's injuries.

Strict liability appears mostly in cases involving manufacturing defects. The doctrine asserts that even when manufacturers practice due caution in the manufacturing process, they might still be held liable for a badly-made product. For example, if a flaw or defect in the product caused injury to the user or users, a successful products liability argument can be made.

Because it is particularly difficult to prove fault in many defective product claims, lawmakers developed the strict liability doctrine to provide injured victims with a legal remedy. In simple terms, the doctrine entitles victims to compensation from either the product manufacturer or the entity that sold the product. Essentially, strict liability removes the negligence factor that is otherwise a crucial component of a products liability case.

While strict liability does make it easier for victims to acquire financial relief, these cases are not necessarily foolproof. As with other legal endeavors, victims need sound advice, preferably from an experienced personal injury attorney. Seeking representation ensures that you meet the requirements for a strict liability case while also helping you avoid mistakes that could harm your claim.

If you or a loved one has suffered injuries because of a defective medical product, it is wise to continue your research. For those in the Chicago area, consider consulting with a lawyer about the details pertaining to your case.

Source: FindLaw, "Proving Fault in a Product Liability Case," accessed June 16, 2017

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