How to Prove Strict Liability Against a Manufacturer in New Hampshire
In New Hampshire, you do not have to prove a manufacturer was negligent to win a product liability case. Under the rule of strict liability, you simply must prove the product was in an 'unreasonably dangerous' condition when it left their control and it caused your injury.
Understanding Strict Liability in New Hampshire
When you buy a product, you have a right to expect that it is safe to use. If a defective tool, car part, or appliance injures you, New Hampshire law allows you to hold the manufacturer financially responsible. The legal concept used in these cases is called 'strict liability'. Based on the Restatement (Second) of Torts § 402A, strict liability means you do not have to prove that the manufacturer was careless, made a specific mistake, or intentionally caused harm. You only need to prove that the product was defective and unreasonably dangerous when it left the factory, and that this defect directly caused your injuries. If you were hurt by a dangerous product, you can use our directory to find a local New Hampshire product liability lawyer to review your case.
Three Main Types of Product Defects
To win a strict liability claim in courts like the Hillsborough County Superior Court North, Manchester or the Rockingham County Superior Court, Brentwood, your attorney must prove that your injury was caused by one of three specific types of defects.
Manufacturing Defects vs. Design Defects
It is important to understand the difference between how a product was made and how it was designed. A manufacturing defect happens when something goes wrong on the assembly line. The product's design is perfectly safe, but the specific item you bought was flawed-for example, a bicycle missing a critical bolt or a batch of medication contaminated with glass. A design defect, on the other hand, means the product was manufactured exactly as intended, but the design itself is inherently dangerous. For instance, an SUV that is top-heavy and prone to rolling over at low speeds has a design defect. Every single SUV of that model is equally dangerous.
Failure to Warn (Marketing Defects)
Sometimes a product is safe if used correctly, but it has hidden dangers that the average consumer would not expect. If a manufacturer fails to provide adequate warnings or instructions, this is known as a marketing defect or a 'failure to warn'. For example, if a heavy-duty chemical cleaner causes severe burns upon contact with skin but lacks a warning label advising the use of gloves, the manufacturer can be held strictly liable for those injuries. New Hampshire courts look closely at whether the warning was clear enough for a reasonable person to understand the risk.
How the Chain of Distribution Shares Liability in NH
One of the strongest aspects of strict liability is that you are not limited to suing only the factory that made the product. In New Hampshire, liability extends through the entire 'chain of distribution'. This includes the manufacturer, the wholesale distributor, and the retail store that sold the product to you. Even if the local hardware store in Concord or Nashua had no idea the power tool they sold you was defective, they can still be held strictly liable simply for selling an unreasonably dangerous product. This rule ensures that injured consumers have a way to recover compensation, especially if the original manufacturer is a foreign company that is difficult to sue. Legal precedents like Thibault v. Sears, Roebuck & Co., 118 N.H. 802 (NH Supreme Court 1978) helped shape how New Hampshire courts view consumer protection and product liability.
Frequently Asked Questions (FAQ)
What is considered 'unreasonably dangerous'?
A product is unreasonably dangerous if it is more dangerous than an ordinary consumer would expect when used in its intended or reasonably foreseeable manner.
Can I sue if I was modifying the product when I got hurt?
If you substantially modified the product after buying it, the manufacturer might argue that your modification caused the injury, not a defect. However, if the modification was foreseeable, you may still have a case.
Does strict liability apply to used products?
Generally, strict liability applies to commercial sellers engaged in the business of selling new products. It is much harder to hold a private citizen or sometimes a used-goods dealer strictly liable under New Hampshire law.
Do I need the original receipt to file a lawsuit?
While a receipt is helpful, it is not strictly required. Your lawyer can use other evidence, such as credit card statements, witness testimony, or the product's serial number, to prove where and when it was purchased.
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