Statutes regarding liability for defective products vary from state to state. Most states, however, make defendants that manufacture defective products subject to strict liability instead of mere negligence. Strict liability means that the plaintiff need not prove the defendant is at fault. The plaintiff must prove only that the defendant manufactured a defective product. In other words, the negligence of the defendant is not an issue when determining fault in a strict liability case. Generally, to succeed in a defective products case, the plaintiff must prove:
- The product was unreasonably dangerous or defective.
- The plaintiff was injured as a result of using the defective product.
- The injury was caused by the defect in the product.