What is a negligence defense?

Negligence defense is a legal doctrine used in civil law cases to help a defendant avoid paying damages. In Washington, a negligence defense must be proven in order to avoid liability in a dangerous product lawsuit. Essentially, the defense states that the defendant did not act in a way that would have been expected of a “reasonable” person, and therefore is not responsible for any injury that occurred. To prove negligence, it must be shown that the defendant was aware of the risk that their product posed to consumers and yet failed to take action to prevent it. In some cases, certain aspects of a product’s design may be deemed too dangerous to use, even if all safety precautions have been taken. In order to rely on a negligence defense, the defendant must show that all reasonable care was taken to make sure their product was safe. This means providing evidence that the product met all safety requirements and was manufactured in accordance with industry standards. If the defendant successfully proves that their product was manufactured and sold in a way that was safe for consumers at the time, then they may be able to avoid liability for any injuries caused.

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What is a negligence defense?

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