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

A “failure to inspect” defense is a legal concept asserting that a defendant is not liable for a product liability claim if it can be proven that the defendant was not negligent in the inspection of the product. This concept is commonly utilized in West Virginia’s Dangerous Products Law. Essentially, a defendant can argue that they cannot be found liable for a product liability claim because they did not have an opportunity to inspect the product to determine if it was defective. For example, if a manufacturer buys a component from another party and that component turns out to be defective, the manufacturer may not be liable for a product liability claim if they never had the opportunity to inspect the component prior to incorporating it into the finished product. When utilizing this defense, the burden of proof falls on the defendant to prove that they did not have an opportunity to inspect the product or component. This can be a difficult task since it relies heavily on the facts and evidence of each particular case. Furthermore, this defense cannot be used if a defendant had any sort of knowledge that the product or component was defective prior to production, distribution, or sale. Overall, a “failure to inspect” defense is a viable option for a defendant in a product liability claim in West Virginia. If the facts and evidence of the case support it, a defendant may be able to successfully assert that they did not have an opportunity to inspect the product and are not liable for the claim.

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

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