The strict liabiliy vs. negligence debate.

Strict product liability, the imposition of liability on the producer of the product regardless of the care taken by the producer, has important advantages over the creation of a negligence rule:

Creating a negligence standard

Under strict liability, all the plaintiff need show is that the product failed. Under a negligence standard, the plaintiff must show that the company did not meet its duty of care to the consumer in creating the software, and that the companies actions were the proximate cause of the failure (no intervening factors outside of the control of the computer created the failure, such as a hardware failure).

The standard of contributory negligence takes into account the actions of the user. If the user was using the software recklessly, then the producer could escape liability, regardless of whether the producer was negligent.

Furthermore, using a negligence standard would allow computer companies to experiment and innovate without the imminent threat of a lawsuit.