What is a “failure to inspect” defense to a product liability claim?

In California, the concept of “failure to inspect” is an important element of product liability claims. This defense is raised when a defendant is accused of being liable for a product’s dangerousness because of a failure to inspect the product. Essentially, this defense allows a manufacturer, retailer, distributor, or other party involved in the chain of distribution of a defective product to avoid liability by claiming that there was a lack of time or resources to adequately inspect the product before it was sold – or, in other words, that the product was sold without any inspection. However, this defense is not absolute. Even if a defendant can show a lack of resources or time to inspect, the court may still find that the defendant should have done more to ensure the product was safe. For example, the court may determine that the defendant should have taken precautionary measures to prevent the sale of a dangerous product, such as employing a quality control system to check for defects. In the end, the defendant’s ability to mount a successful “failure to inspect” defense depends on the evidence presented and the discretion of the judge or jury. It is important for defendants to recognize that this defense can be difficult to prove and, even if it is successful, may not completely free them from liability.

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What is a “failure to inspect” defense to a product liability claim?

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