What are the defenses to a strict liability claim?
The defense to a strict liability claim can vary from state to state, but in Washington, possible defenses include: 1. Assumption of Risk: If a person is aware of the risk involved in using a product, then they cannot hold the manufacturer or seller liable for any resulting damages. 2. Contributory Negligence: If a person is partially to blame for the damages due to their own negligence, then the defendant may be able to use it as a defense. 3. Inadequate Warning: If the defendant can prove that they provided sufficient warning of the potential risks associated with the product, then they may be able to avoid liability. 4. Product is Unreasonably Dangerous: If the defendant can prove that the product is not unreasonably dangerous and/or is fit for its intended purpose, then they may be able to avoid liability. 5. Alteration of the Product: If the product was altered after it was sold and this alteration was the cause of the damages, then the defendant may be able to avoid liability. Each case will be judged on its own merits and these defenses may be used to help the defendant avoid liability for a strict liability claim. It is always best to consult a local attorney for advice when faced with a potential product liability claim.
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