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Under some state consumer protection laws, the standard of proof to hold a manufacturer responsible for injuries caused by a particular product falls under a product liability negligence theory. In this traditional legal theory that governs most routine personal injury actions, such as car accidents, the injured consumer must prove that the manufacturer of the product acted negligently, or carelessly, as to the risk of injury that might result from using the product as it was originally intended. A standard of negligence does not require that there be any showing or proof of intent to harm or purposeful action to cause injury to the consumer; rather, the consumer must simply show that the manufacturer acted with careless disregard to the potential for injury to occur with regard to a particular product. As a result, the consumer's burden of proof in a state that employs a negligence products liability standard is much higher than in a state that requires only a strict liability standard of proof, or merely a showing that the product was defective in some way, and caused the consumer injury.

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