ABA Family Legal Guide

Personal Injury

Strict Liability

Product Liability

I was opening a jar of pickles when it exploded in my face and flying glass cut me. Was somebody at fault?

Yes, someone was at fault, since jars ordinarily do not explode in a person's face. Courts often decide such cases under principles of strict liability, meaning that instead of having to prove that someone was negligent, a plaintiff would only have to prove that the jar exploded and that he or she was injured by it.

Some courts continue to decide such cases under negligence principles, however. If the manufacturer sealed the jar and it was handled carefully between the time it left the manufacturer's possession and the time of the explosion, some courts assume--or consider it circumstantial evidence--that the manufacturer was negligent.