What are the types of defenses that may be raised by the defendant in a products liability claim?

In South Dakota, a defendant in a products liability claim may raise several types of defenses in an effort to avoid liability. Generally, these defenses are based on the idea that either the plaintiff was not actually injured by the product, or that the plaintiff assumed the risk of injury and thus, the defendant should not be held liable. First, a defendant may use the “assumption of risk” defense, which is based on the idea that the plaintiff was fully aware of the danger posed by the product, and made an educated choice to use the product anyway. The defendant must prove that the plaintiff knew of the risk, and that the product did not malfunction in order for this defense to be successful. Second, the “contributory negligence” defense is similar, but instead claims that the plaintiff’s own negligence was a contributing factor in his or her injury. The defendant must prove that the plaintiff’s negligence was a direct cause of the injury, and not just a mistake or minor oversight. Third, a defendant may also argue that the product was not actually to blame for the plaintiff’s injury. This includes cases where the plaintiff’s injury was caused by either natural causes or another individual’s actions and not by the product itself. Finally, a defendant can also assert a “statute of repose” defense, which states that products are not liable after a certain period of time has passed. In South Dakota, this period is 15 years from the date of purchase or from the date of product completion, whichever is later. By using any of these defenses, a defendant in a products liability claim may be able to protect themselves from liability and a possible lawsuit.

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What are the types of defenses that may be raised by the defendant in a products liability claim?

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