What are the defenses to a product liability claim?

One of the defenses to a product liability claim in California is the assumption of risk. This defense occurs when the plaintiff assumes the risks that come with using the product. This can occur when the plaintiff has knowledge of potential risks or when the plaintiff has been warned by the manufacturer. Another defense is contributory negligence. This occurs when the plaintiff has acted carelessly while using the product, leading to their injury or death. A third defense to a product liability claim is misuse of the product. This defense applies when the plaintiff misused the product in a way that the manufacturer had not intended, leading to the injury or death. Additionally, the manufacturer may be able to assert the consumer expectation defense. This means that a plaintiff’s expectations of how the product should work, or which risks it may have posed, were unrealistic. This defense applies when the product was used as it was intended and any risks or dangers were reasonably foreseeable. Lastly, the manufacturer may be able to assert a statute of limitations defense. This means that too much time has passed between the injury or death and when the claim was filed, making it too late to file the claim.

Related FAQs

What is a warning label defense?
Can I sue for emotional distress caused by a defective product?
What is the Uniform Product Liability Act?
What kinds of injuries can occur due to a defective product?
What is a warning defense?
What is a negligence defense?
What is the “consumer expectation” defense to a product liability claim?
What duty of care do manufacturers have to consumers?
Who can be held liable for a product defect?
What is a breach of warranty defense?

What are the defenses to a product liability claim?

Related FAQs

Related Blog Posts