Negligence vs. Strict Liability

Tort law offers two standards for manufacturer liability. Negligence requires proving the manufacturer breached the standard of care (see L-02). Strict liability holds a manufacturer liable for a defective product regardless of care taken, the standard long applied to physical goods.

Software has almost universally gotten the weaker standard, negligence, if tort law reaches it at all. The EU's 2024 revised Product Liability Directive extends strict liability to software explicitly. The US has no equivalent.

Discussion prompts

• Under a negligence standard, what would make shipping a known defect class (see UV-01) unreasonable?
• Would strict liability change what gets shipped, or just how insurance and pricing get structured?
• Why might software manufacturers prefer negotiated safety standards over either negligence or strict liability?