For strict liability in tort to be established, what must be proven?

Study for the NCEES FE Ethics Exam. Refresh your knowledge with multiple-choice questions designed to enhance comprehension and analysis. Prepare effectively for your engineering career!

For strict liability in tort to be established, it is essential to demonstrate that a product defect caused an injury. This principle is foundational in tort law, particularly in product liability cases, which hold manufacturers or sellers liable for the harm their defective products cause, regardless of fault or intent. The focus is solely on the defect itself and the resulting harm, rather than on the behavior or state of mind of the manufacturer or seller.

In cases of strict liability, the injured party must show that the product was defective and that this defect was the direct cause of their injury. The type of defect can be design defects, manufacturing defects, or marketing defects (e.g., inadequate warnings). Importantly, the plaintiff does not need to prove that the manufacturer acted negligently or had knowledge of the defect for strict liability to apply. Thus, establishing the nexus between the defect and the injury is paramount for a successful claim.

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