What are the defenses to a product liability claim?

In New York, there are several defenses to a product liability claim. One defense is contributory negligence. With this defense, the defendant argues that the plaintiff was partly responsible for the injury. For example, if the plaintiff ignored instructions and misused the product, the defendant may argue that the plaintiff’s negligence caused or contributed to the injury. Another defense to a product liability claim is assumption of risk. This defense holds that the plaintiff had a prior knowledge of the risks associated with the product and willingly assumed those risks. The defense of “unavoidably unsafe product” is often used in product liability cases. With this defense, the defendant arguesthat the product is dangerous by its nature and cannot be made safer, no matter how carefully it is designed. For example, if a plaintiff is injured by a power saw, the defendant may argue that the saw was unavoidably dangerous because of its sharp blades. The defense of misuse or alteration of the product may also be used. This means that the product was changed or used in a way that was not intended by the manufacturer. If the product was altered or misused, the defendant might be able to show that the changes caused the injury. Finally, the statute of limitations may be used as a defense to a product liability claim. Generally, a person has two years from the date of injury to file a product liability lawsuit. If a lawsuit is not filed within this time-frame, the defendant may argue that the claim is barred by the statute of limitations.

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What are the defenses to a product liability claim?

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