What are the different types of product liability defenses?

In South Dakota, a manufacturer or seller of a product may be held liable for any injuries or death that result from the use of a product if it is found to be dangerous or defective. Product liability law in South Dakota defines certain defenses which a manufacturer or seller can use to avoid being held responsible. The first type of defense is the assumption of risk. This means that the buyer or user of the product is aware of and expressly acknowledges any potential dangers that may arise from the product. The maker or seller is not liable if the customer is aware of the risks and still chooses to purchase or use the product. The second type of defense is known as contributory negligence. This defense states that the injured party was negligent in their use of the product. This means that they were not using it as it was intended or taking necessary precautions when using the product. If the injured party acted in a way that contributed to their injury, the maker or seller of the product may be absolved of liability. The third type of defense is known as the product misuse defense. This means that the injured party did not use the product as it was intended. The maker or seller can use this defense to show that the injury was caused by the user not following the instructions or warnings provided by the manufacturer or seller. Finally, the last type of defense is known as statute of limitations. This defense states that the maker or seller of the product cannot be held liable if the injury occurred outside of the statutory period. There are statutes of limitation for products liability claims in South Dakota, and if the claim is raised after the statutory period, the maker or seller may be absolved of liability.

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What are the different types of product liability defenses?

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