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 Mississippi, strict products liability is a legal doctrine that holds manufacturers, wholesalers, retailers, and lessors responsible for damages caused by defective products, regardless of negligence. This liability applies if the product was defective at the time it left the hands of the party in the supply chain. Mississippi law follows the principle that parties in the commercial supply chain should bear the financial risk of defective products rather than consumers. While the specifics of products liability can vary, Mississippi has adopted the Restatement (Second) of Torts, which includes provisions for strict liability in tort for defective products. It is important for entities in the supply chain to understand their potential liability and for consumers to be aware of their rights to seek compensation for injuries caused by defective products. An attorney can provide detailed guidance on how Mississippi's products liability laws may apply to specific circumstances.