What are the defenses to a product liability claim?

In Oklahoma, one of the defenses to a product liability claim is that the product is not “unreasonably dangerous” or “defective” when used in the ordinary manner. This means that the alleged defect cannot be a foreseeable consequence of how the product should be used, or be something that consumers should expect. Another defense is “assumption of risk.” This applies when a plaintiff voluntarily and knowingly chooses to use a product that they are aware of the risks associated with its use. The defense of assumption of risk can be argued when the product was used in the manner it was intended to be used and the user knew or should have known of the risks inherent in the product. The defense of “contributory negligence” may also be available. This holds that a plaintiff’s own negligence contributes to the cause of their injury. In order to prove this defense, it must be shown that the plaintiff had knowledge of the product’s dangerous qualities, yet deliberately chose to ignore them and use the product anyway. Finally, the defense of “comparative negligence” may be available. This holds that even if the product is found to be defective, the plaintiff has some degree of responsibility for the injuries sustained. In this case, the court would determine the percentage of fault that lies with the plaintiff and the defendant, and the damages that are awarded would be adjusted to reflect this.

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What are the defenses to a product liability claim?

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