Strict products liability—also known as strict liability—is a legal theory of products liability that makes any person or entity in the commercial supply chain of a product—whether a manufacturer, wholesaler, retailer, or lessor—liable or responsible for personal injuries and property damage caused by a defective product—if the product was defective when it was transferred in the supply chain by that person or entity.

Strict liability attaches to such a transferor even if the transferor was not negligent with regard to the defective product. Strict liability is a public policy determination—usually made by state legislatures—that any person or entity in the commercial supply chain of a product should bear the financial risk of a defective product before the consumer does.

Products liability laws vary from state to state and many states have altered the common law rule of strict liability (located in a state’s court opinions or case law) by enacting statutes that limit strict liability to manufacturers; that require indemnification (financial protection) of wholesalers and retailers by manufacturers; or that make wholesalers and retailers of products strictly liable for defective products when the manufacturer is insolvent, unable to be located, or is not subject to the court’s jurisdiction (authority).

In Kansas, strict products liability is a legal doctrine that holds any party in the distribution chain of a product responsible for harm caused by a defective product, regardless of whether that party was negligent. This includes manufacturers, wholesalers, retailers, and lessors. Kansas law aligns with the public policy that places the financial burden of defective products on the parties in the supply chain rather than on the consumer. While the specifics can vary, Kansas statutes may limit strict liability to manufacturers and provide for indemnification of wholesalers and retailers by manufacturers. Additionally, in situations where a manufacturer is insolvent, cannot be located, or is not subject to the court's jurisdiction, wholesalers and retailers may still be held strictly liable. It is important for entities involved in the commercial supply chain to understand their potential liability under Kansas law and to consult with an attorney for guidance specific to their situation.