What are the defenses to a strict liability claim?

A defense to a strict liability claim in Oklahoma is product misuse. This means that a product was used for a purpose other than what it was intended for, and it caused an injury. A manufacturer of a product can also claim that the product was altered or modified after it was sold, and thus it is not their fault for the injury. Another defense is known as the “state of the art” defense, which states that the product was produced according to the level or state of technology prevailing at the time the product was manufactured, and thus the manufacturer is not held liable for any harm caused. The “unavoidably unsafe” defense is also sometimes applicable, which states that the product itself can never be made totally safe, and in that case, the manufacturer and seller cannot be held liable. But this defense is rarely used and is only applicable in extreme cases where the product was created to help save a life or provide a benefit to society. The final defense is the “assumption of risk” defense. This applies when the plaintiff was aware of the risk associated with the product and still chose to use it. For example, if the plaintiff was warned that the product could be dangerous if not used correctly and then chose to proceed with using it, the defendant may be able to use this defense.

Related FAQs

What is the Consumer Product Safety Act?
What remedies are available to a plaintiff in a product liability case?
What actions can I take if I am injured by a defective product?
What is a product liability insurance policy?
What types of injury can be caused by a defective product?
What is a warning label defense?
Who can be held liable in a product liability case?
What is a manufacturing defect?
What are the components of a product liability warning label?
What is the Uniform Product Liability Act?

What are the defenses to a strict liability claim?

Related FAQs

Related Blog Posts