Some courts recognize near strict liability for
unreasonably dangerous product designs and poor product labeling.
Courts and commentators sometimes stress that justice or good public policy of
asking those who profit from enterprises to internalize the true cost of
their businesses to assume the burden of redistributing injury cost through
their insurance pricing and to seek the optimal levels of investment in safety.
Even when liability is based on fault, American tort law eases the burden of
proving fault to make it easier for plaintiffs to recover.
Sometimes it's not practical to expect someone who's been injured to
prove exactly in what way they were injured through negligence, and
the injury itself strongly suggests negligence.
For example, if a barrel of flour falls out of a second story window and
hits a pedestrian on the head, doesn't that mean whomever was in control of
the barrel of flour had to have been negligent?
Res ipsa loquitur we say, the thing speaks for itself.