What must a plaintiff prove under elements of strict liability?

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In a strict liability case, the plaintiff must demonstrate that the defect in the product existed at the time it left the manufacturer's control. This element is crucial because strict liability focuses on the condition of the product regardless of the manufacturer's intent or due care taken during production. The underlying principle is that manufacturers and sellers are responsible for the safety of their products and can be held liable for injuries caused by defects, even if they were not negligent.

By establishing that the defect was present when the product left the defendant's hands, the plaintiff is fulfilling a fundamental requirement of strict liability law. This emphasizes accountability within the marketplace for ensuring that products are safe for consumers. The essence of strict liability is to protect consumers by not requiring them to prove negligence or fault on the part of the manufacturer or seller, but rather to show that the product was defective and that this defect caused the injury or harm.

Other elements, like the product being intended for consumer use, do play a role in broader product liability cases but are not required to establish strict liability in the same direct way.

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