What are the defenses to a strict liability claim?

A defense to a strict liability claim in California is the lack of knowledge of a product’s dangerousness. If a manufacturer had no way of knowing that a product was potentially unsafe, it can be used as a defense. This is known as the “state of the art” defense. Another possible defense to a strict liability claim is if the plaintiff used the product in an unreasonable manner. For example, if the plaintiff was not using the product as it was intended, or was using it in a way that the manufacturer could not reasonably anticipate, then this could be a defense. A third defense is contributory negligence. This means that the plaintiff is partially responsible for their own injuries because of their own carelessness. For example, if the plaintiff knew that the product was dangerous, but used it anyway, then this could be used as a defense. A fourth defense is that of assumption of the risk. If the plaintiff was aware of the risks associated with the product and still chose to use it, then this could be used as a defense. Finally, the “unavoidably unsafe” defense could be used if the product had some inherently dangerous qualities, and the manufacturer took reasonable steps to warn consumers. For example, if the product was marked with a warning that danger may be present, then this could be used as a defense.

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What are the defenses to a strict liability claim?

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