What are the defenses to a strict liability claim?

Under the dangerous products law in New York, defendants have some limited defenses available to them in the event of a strict liability claim. Generally, these defenses are in place to address the fact that a product may have been the cause of harm, but that the defendant had no control over the situation that led to the damage or injury. The first defense is known as the “unavoidably unsafe” defense. This defense applies to products that are inherently dangerous and cannot be changed without sacrificing their value. In this case, the defendant must demonstrate that the product was unavoidably unsafe due to its nature and that the benefits of the product outweighed the risks associated with it. Another defense is the “consumer expectation” defense. This defense applies if the defendant can show that the product in question met the consumer’s expectations and that the consumer knew the risks and took them into account when using the product. Finally, the “risk/benefit” defense is available. This defense requires that the defendant demonstrate that the risk associated with the product was reasonable when considering the benefits it provided. In some cases, defendants may also be able to prove that their conduct was not negligent, as they took all reasonable steps to ensure the safety of the product and that they had no reasonable way of knowing that the product may be dangerous. These are the most common defenses available to defendants in a strict liability claim under the dangerous products law in New York. Ultimately, it will be up to the defendant to prove that one of these defenses applies in their case.

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What are the defenses to a strict liability claim?

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