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

A “failure to inspect” defense to a product liability claim is one where a manufacturer, distributor or seller of a product argues that they did not have a reasonable opportunity to inspect or discover any dangerous defect or problem in the product. This defense is typically used in cases where a claimant alleges that a product was unsafe and caused them harm or injury due to a defect or design flaw. In Oklahoma, the “failure to inspect” defense is allowed when a product has an “obvious, unascertainable, and present hazard when delivered”, as long as the manufacturer or seller can prove that they exercised the reasonable care, skill, and diligence to inspect the product. If the manufacturer or seller can demonstrate that they had no reasonable opportunity to inspect the product, then they may be entitled to raise the “failure to inspect” defense. For example, if a claimant alleges that they were injured by a defective air conditioning unit and claims that the manufacturer or distributor had a duty to inspect the air conditioning unit before selling it, then the manufacturer or distributor may be able to raise the “failure to inspect” defense. They could argue that they had no reasonable opportunity to inspect the unit and so could not have reasonably been expected to do so. Ultimately, a court will weigh the evidence and decide whether a “failure to inspect” defense is applicable. If the manufacturer or distributor is found to have had a reasonable opportunity to inspect and the product was found to have an obvious, unascertainable, and present hazard when delivered, then they may be found liable for the claimant’s damages.

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

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