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

A failure to inspect defense is a legal argument used to defend against a product liability claim in the state of Florida. This defense claims that the defendant, who is usually the manufacturer of a product, did not have enough time to adequately inspect the product for safety concerns prior to its release. Product liability is when the manufacturer of a product is held directly liable for any damages caused by an unsafe or defective product. Fault may be found if the product manufacturer did not exercise reasonable care in designing, manufacturing, or marketing the product. The failure to inspect defense states that the manufacturer lacked an adequate amount of time to conduct a thorough review of the product and determine any safety issues. To successfully use this type of defense, the manufacturer must prove that they had neither knowledge of the potential defect nor an opportunity to discover it. A manufacturer can also point to evidence that the product passed a safety inspection. In any product liability case, the manufacturer must present evidence to support their defense. The burden of proof lies with the defendant, so the manufacturer must provide evidence that proves that they used reasonable care when creating the product and that they had no knowledge or opportunity to inspect for potential safety issues.

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

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