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

The “failure to repair” defense is a legal defense that can be used to protect a company from a product liability claim in California. This defense states that the company was aware of a potential defect, but did not fix the issue before it caused an injury or damages. This type of defense is often used in cases involving medical device manufacturers or car companies. In California, for the “failure to repair” defense to be successful, the company must be able to demonstrate that it had knowledge of the potential defect, but still chose not to address it. Evidence such as internal records or memos, or witness testimony, may be used to prove this. Additionally, a company can show that despite the potential defect, the product was still safe to use. When a “failure to repair” defense is successful, the company can avoid being liable for any injuries or damages caused by their product. However, in California, a company may still be liable for economic damages, such as medical bills, if they had knowledge of the potential defect and failed to fix it. It is important to note that the “failure to repair” defense is not always successful. For example, if the company was aware of the potential defect and made efforts to address it, then they may not be able to use this defense. Additionally, a company could be held liable for injuries and damages caused by their product even if they had no knowledge of a potential defect.

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

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