What does strict liability mean?
DA defendant will be liable for damages where it can be established that the product was defective and that the defect caused the reported injury. It is not necessary to establish fault, avoidability or negligence, but it is necessary to prove a causal link between the defect and harm. The defendant will, however, have available to them the “development risk/ state of the art defence”, if they can demonstrate that at the time the product was supplied, the defect was not discoverable by using all accessible knowledge. It is not relevant what the reasonable manufacturer would do or have regard to the cost of acquiring such knowledge.
