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A property owner can be held liable for injuries or damage that occur on their property if they knew or should have known about the dangerous condition and failed to take reasonable steps to correct it or warn of its presence.

This is not always a simple determination, but it's a very important one because in Massachusetts, persons filing a product liability lawsuit have three years from that cause of action to do so. If the statute of limitations has expired, there is no chance the claim will succeed.

The three key differences are fault, breach of duty, and damages: Fault: Negligence: The defendant's conduct is below the standard of care. Strict Liability: Liability without fault—conduct not considered.

“State of the art” refers to the ability or inability to discover the danger posed by a product at the time the product was marketed in light of the state of scientific knowledge or technology at that time.

The rule of strict products liability applies not only to sales transactions but also to other forms of product distribution that are the functional equivalent of sales. Manufacturers, wholesalers, suppliers, retailers and any other entity in the commercial distribution chain are potentially liable parties.

Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held liable regardless of their intent or knowledge.

The doctrine of strict liability can be applied to sellers of goods, but not distributors. The extreme risk of an activity is a defense against imposing strict liability. To be liable for product liability, a seller must normally be engaged in the business of distributing the product that causes harm by its use.

Unlike negligence cases where plaintiffs must demonstrate the defendant's breach of duty, strict liability places the burden of proof on defendants to show that the product was not defective or unreasonably dangerous. This shift in burden can significantly impact the outcomes of product liability litigation.

All jurisdictions hold that any person injured by a defective product, whether the plaintiff is a purchaser or a bystander, can recover under strict liability.