--- title: "Product Liability: How It Turned Strict" date: 2008-04-06T19:28:00-07:00 author: admin canonical_url: "https://marlerclark.com/news_events/product-liability-how-it-turned-strict" section: News --- [All News](/news_events) / [Publications](https://marlerclark.com/news_events/publications) / # Product Liability: How It Turned Strict Mr. Stearns addresses the concept of strict product liability in 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." 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