Usually product liability arises only in case of negligence but in strict liability case the victim of the defective product need not prove that the manufacturer or seller was negligent. Irrespective of care or caution they are liable on the product defect.
Under the doctrine of strict liability, the manufacturer is liable for product defects arising in course of the manufacturing process even in the absence of any negligence on his part despite utmost care.
Failure of the manufacturer to provide adequate warnings to the user on the dangers of the product also attracts the principle of strict liability. The note of caution must be conspicuous and highlighted.
In other cases of product liability when the doctrine of strict liability does not hold good, the manufacturer or seller would only be liable for negligence on their part to take reasonable care. In order to succeed in his action the plaintiff must prove negligence of the manufacturer or seller.
