The key distinction between strict tort liability and negligence is that in negligence analysis, the focus is on the care exercised by defendants, while in strict tort liability, the issue is the safety of the product.  The key distinction is that in strict tort liability, knowledge of product risks is imputed to a defendant without regard to whether the defendant actually knew or should have know of the risks.

Case law explained that the “imputation” of knowledge operates in this way: “A dangerously defective article would be one which a reasonable person would not put in the stream of commerce if he had knowledge of its harmful character”.  The legal test is then, whether the seller would be negligent if he sold the article knowing of the risk involved.  In other words, the product can have a degree of dangerousness which the law of strict liability will not tolerate even though actions of the designer where entirely reasonable in view of what he knew at the time he planned and sold the product or drug.

These legal distinctions placed the burden on a Accutane attorney to decide how to plead his complaint based on the facts that he has at his disposable to plead a winning case for his clients.

Welcome to California Accutane Lawyers.  Did you experience severe side affects from taking Accutane?  Over five million people where prescribed with Accutane and over five thousand lawsuits have been filed due to adverse side affects as a result of the drug, against the drug marker.  The intent of this blog is to assist the citizens of the state of California who have been affected by this drug.  In the coming days, we will be updating the site with favorable information to Accutane victims so that they can find a good California Accutane Lawyer to help them file a lawsuit to cover their medical expenses and for the pain and suffering that they have experienced.