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 Washington State, strict products liability is a legal doctrine that holds manufacturers, wholesalers, retailers, and lessors accountable for injuries and damages caused by defective products, regardless of negligence. This liability applies if the product was defective at the time it left the possession of the party in the supply chain. Washington's approach to strict products liability is largely based on the Restatement (Second) of Torts, Section 402A, which has been adopted by the state's courts. Under Washington law, a claimant must prove that the product was not only defective but also unreasonably dangerous to the user or consumer. The state's product liability act (RCW 7.72) may also impose liability on non-manufacturer sellers in certain circumstances, such as when the manufacturer is insolvent, not amenable to service of process, or otherwise unavailable to satisfy a judgment. Additionally, Washington law allows for indemnification claims, where a seller may seek compensation from the manufacturer for losses incurred due to a defective product.