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

A “failure to inspect” defense to a product liability claim is a legal argument which holds that the product manufacturer is not liable for any harm caused by a defective product if it can be proven that the manufacturer or seller exercised proper care to inspect and discover any potential defects. This defense is used to protect manufacturers from the risk of product liability suits, which can be expensive and result in significant awards for monetary damages. In North Dakota, the product liability law provides that manufacturers and sellers of dangerous products shall be held liable for any harm caused by a defective product, unless the manufacturer or seller can prove that they exercised proper care in attempting to discover the defect before placing the product into the stream of commerce. To support the “failure to inspect” defense, it must be shown that the manufacturer or seller (1) took reasonable steps to inspect the product or had the product examined, and (2) their inspection was reasonably calculated to discover defects in the product. The court will also consider the manufacturer’s experience and knowledge, and the type of product being sold, in determining whether the failure to inspect amounted to a breach of the product liability law. It should be noted that this defense does not completely shield the manufacturer or seller from liability, as they may still be held liable for other aspects of their conduct, such as a failure to properly warn of potential dangers associated with the product.

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

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