Insurance 101 – Chapter 10 – Volume 5 – Strict Liability

Strict Liability

To establish a cause of action for strict liability in tort, the subrogating insurer must, with evidence gathered by the adjuster, prove the following:

• that there is a product (a manufactured thing);

• that there is a defect in the product;

• that damage has been done to the property of a third person, the
insured; and

• that the defect in the product was the proximate or legal cause of
the damage.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

Legal Disclaimer

The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.

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