Do I have to prove negligence in a defective product claim?
If a product liability claim is based on strict liability, it will not be necessary to prove that a defendant was negligent. In these cases, a plaintiff must simply show that a product had an unreasonably dangerous condition that caused their injury, and a defendant may be held liable even if they were not aware of the dangerous condition. However, some product liability claims may also involve negligence, such as when a manufacturer did not provide warnings about a product’s known hazards, or when a seller sold a product that they knew was dangerous.