What is a negligence defense?

A negligence defense is a legal argument that a defendant was not liable for an incident due to their lack of reasonable care. It is used in cases involving dangerous products law in New York. In these cases, a plaintiff has to prove that a manufacturer or seller was liable for damages caused by their product. A negligence defense is used to show that the manufacturer or seller acted reasonably in the circumstances and that any injury or harm suffered by the plaintiff was due to their own negligence. For example, if a plaintiff is suing a manufacturer or seller for selling a product that caused them a physical injury, the manufacturer or seller may argue that the plaintiff should have taken reasonable precautions to avoid the harm. Under a negligence defense, it must be shown that the defendant had no control over the circumstances leading to the injury. If it is found that the defendant exercised reasonable care in designing and selling the product, the plaintiff may not be able to recover damages. In short, a negligence defense is used by a defendant to argue that they were not liable for an incident due to their lack of reasonable care. In order for the defense to be successful, the defendant must demonstrate that they took reasonable steps to protect consumers from any potential harm. If this is proven, the plaintiff may not be able to recover damages.

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What is a negligence defense?

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