Running Head: TORT LAW 1

Tort Law

Name

Institution
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Tort Law

From a product defects view, the public policy grounds upon which states may impose

strict liability is precaution over inherently dangerous situations. Many states today enact strict

tort liability for defective goods. In such instances, the state does not require plaintiffs to

demonstrate that the maker did not observe due care during the process or entailed recklessness.

Such a plaintiff can recuperate damages even if the maker utilized all proper care during

manufacturing. States observe such strict liability over defective products because it discourages

recklessness and unnecessary loss by compelling possible defendants to adopt every possible

measure. Observing the liability also has the beneficial impact of streamlining and hence

accelerating court rulings during such proceedings even though its application might appear

severe or unfair (Dempsey, 2014).

The legal rationale for these states is that strict liability ought to apply to the

manufacturer more than any other stakeholder in the production process. Plaintiffs taking legal

action on the grounds of strict liability will have to show the defect on the product, how it caused

harm, and how it made the commodity excessively unsafe. For this reason, buyers are not the

only ones who can apply strict liability in court. Third parties or guests without a straightforward

affiliation with the supposedly defective product can also take legal action for strict liability

when harmed by it. Reasons strict liability should apply to buyers only and not third parties are

the statute of limitations and statute of repose. The statute of limitations will require the third-

party to take legal action timely between when the plaintiff discovered the injuries, which may

prove difficult when the party did not have any direct interaction with the defective product.

Also, the statute of repose would require the plaintiff to bring forth their legal action within a

specific period whether or not the harm is known (Dempsey, 2014).

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References

Dempsey, P. S. (2014). The Law of Products Liability. McGill University.