Strict liability holds designers and manufacturers strictly liable for injuries from defective products. If you are injured by a defective product, you do not have to establish negligence of the manufacturer. Rather, you need to show that the product was defective--designed or manufactured in a manner that made it unreasonably dangerous when used as intended. 

I was opening a jar of pickles when it exploded in my face and flying glass cut me. Was somebody at fault?

Some courts continue to decide such cases under negligence principles, however. If the manufacturer sealed the jar and it was handled carefully between the time it left the manufacturer's possession and the time of the explosion, some courts assume--or consider it circumstantial evidence--that the manufacturer was negligent.

Our brand-new power mower backfired and injured me. From whom may I recover damages?

This is a typical product liability case. Not only can you sue the mower's manufacturer, but you can also sue the distributor and the retailer. You may also have a claim against the assembler of a specific part of a product. If the manufacturer hired a design consultant, a quality-control engineer, or a technical writer to help with the instructions, these individuals could also be liable.

A disclaimer that came with the lawn mower said the manufacturer did not warranty it in any way. Will that defeat our claim?

While limited warranties are sometimes enforced by courts, full disclaimers often are not. Courts find such warranties invalid because you, as the consumer, are not in an equal bargaining position. They also rule that such clauses are unconscionable (grossly unfair) and contrary to public policy. (See the discussion of contracts of adhesion and unconscionability in chapter 9, "Contracts and Consumer Law.") Most courts limit the effect of limited warranties to repairs. A limited warranty is not a waiver of liability for injuries.

A toy my grandson was playing with came apart, and he put one of the pieces in his mouth and started choking. Do we have any redress against the toy manufacturer?

Because toy manufacturers outside the United States can be difficult to sue, you also might want to consider suing other parties in the toy's chain of distribution--the toy store, for example, or perhaps a fast-food chain that distributed the toy as part of a promotion. Such retailers also can be liable for injuries.

I suffered a severe allergic reaction to some cosmetics I used and needed medical treatment. May I recover money from the manufacturer?

Perhaps. Did the manufacturer warn you that the cosmetic could cause such a reaction? Some courts normally will not hold the manufacturer liable for failing to warn you of the risk of an adverse reaction unless you can prove that an ingredient in the product would give a number of people an adverse reaction. You also must prove that the manufacturer knew or should have known this and that your reaction was because you were in that group of sensitive people, and not because you are hypersensitive. In addition, courts will determine whether you used the product according to the directions provided with it. Misuse is a defense recognized in strict liability. If the court does not find strict liability, you still might recover on a negligence claim.

I got hepatitis from a blood transfusion. Is someone liable?

In many states, laws protect suppliers against strict liability when people who receive blood transfusions contract an illness from contaminated blood. However, you may recover if you can show negligence by the supplier.

My father's job exposed him to asbestos. Now he has lung disease. Is it too late to file a claim?

It may not be too late. Many people who suffered injuries from toxic substances such as asbestos did not know at the time of exposure that the compounds were harmful. As a result, some states have enacted laws allowing people to file lawsuits for a certain amount of time from the date when the lung impairment or cancer begins, rather than from the date of exposure. A lawyer can tell you whether your father still has time within the statutes of limitations applicable in your state.

I was injured because of a brake defect in a used car I bought. May I recover from the dealer?

At least one used car dealer has been subject to a negligence action for failing to inspect or discover such defects. But courts are split on whether dealers in used goods should be subject to strict liability. Holding them strictly liable appears to be a minority position.