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

In New York, a “failure to inspect” defense to a product liability claim is when a manufacturer or seller of a dangerous or defective product can claim that they should not be held liable because they did not inspect the product before it left the factory or point of sale. This means that the manufacturer or seller can argue that they should not be held responsible for any damages incurred due to the product because they had no knowledge of its defectiveness. This defense is commonly used when a seller of a product, such as a car, is accused of product liability because of a defect in the car. The seller can argue that they had not inspected the car before it left the store and therefore had no knowledge of any defects that the car may have contained. In order for this defense to be successful, the manufacturer or seller must prove that they had no reason to suspect the product was defective and that they regularly inspected the product before sale. Furthermore, the manufacturer or seller must also prove that they had taken all reasonable steps to ensure that the product was safe. This includes ensuring the product meets all regulatory standards, being properly tested, and being manufactured according to industry standards and accepted practices. If the manufacturer or seller is unable to prove they had taken reasonable steps to ensure product safety, then they may still be held liable and responsible for any damages caused by the defective product.

Related FAQs

What are the different types of product liability claims?
What types of products have a higher risk of causing injury?
What are the different types of product liability defenses?
Can I sue the manufacturer of a defective product if I was injured while using it?
What is the “risk-benefit” defense to a product liability claim?
What is a “risk-utility” defense to a product liability claim?
How can I tell if a product is defective?
What is a statutory defense?
What are the elements of a product liability claim?
What is a disclaimer defense?

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

Related FAQs

Related Blog Posts