What are the types of defenses that may be raised by the defendant in a products liability claim?
In Oklahoma, the types of defenses that may be raised by the defendant in a products liability claim depend on the type of claim. In a negligence claim—which is the most common type of products liability claim—the defendant may be able to use various defenses, including contributory negligence (if the plaintiff was partly responsible for the injury, then the defendant may have partial or full responsibility for the injury), assumption of risk (if the plaintiff voluntarily assumed a risk of the product by using it), or the statute of limitations (which limits the time period within which the plaintiff can file a claim). In a strict liability claim, the defendant may be able to use a defense of comparative negligence, which would compare the responsibility of the defendant with that of the plaintiff. Another defense in a strict liability claim might be the defense of misuse or alteration (if the product was used in a way that it was not intended to be used, then the defendant may not be liable for any injuries). In a breach of warranty claim, the defendant may be able to use the defense of expiration of the warranty (if the warranty has expired, then the defendant may not be liable for any injuries). Finally, in a mislabeling claim, the defendant may be able to use the defense of reasonable reliance (if the plaintiff reasonably relied on the label, then the defendant may not be responsible for the injury).
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