What is a statutory defense?

A statutory defense is a legal defense that is based on a law. In Ohio, a statutory defense might be used in a case involving dangerous products law. A statutory defense is an argument put forth by the defendant in civil or criminal court to explain why the law does not apply to the particular situation. For instance, if a defendant is charged with a dangerous products law violation, they could present a statutory defense based on a law that limits the manufacturer’s responsibility for potential dangers. By presenting this defense, the defendant is arguing that the law does not hold them responsible for the product because the law specifically exempts them from liability. Statutory defenses are also used in cases involving tort law. For instance, a defendant could present a statutory defense to the tort of negligence. A statutory defense to negligence is a defense that is based on a law which states that the manufacturer is not responsible for any injury caused by a product if the manufacturer had no control over the use of the product. In summary, a statutory defense is a legal defense that is based on a law. In a case involving Ohio’s dangerous products law, a defendant could present a statutory defense to argue that the law does not apply to them in that specific situation. In other cases, a defendant could present a statutory defense to the tort of negligence.

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