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

In Oklahoma, a “failure to repair” defense to a product liability claim is a defense that is used in court when a defendant claims that a product was not made safely or had a manufacturing defect and that the claimant failed to repair it in a proper manner. This defense can be used by manufacturers and suppliers of a product to argue that the claimant’s negligence in not properly repairing a product is what caused injury or damage, and not the defect or faulty manufacturing. In order to be successful in using this defense, the defendant must be able to prove that the claimant was aware of the defect or risk and had the opportunity to repair it but failed to do so. This defense may be used in the case of motor vehicles, devices made to assist with household tasks, toys, and other products. In Oklahoma, this defense is not able to be used to limit the amount of liability for a product that was defectively designed or manufactured. This is because the manufacturer has a duty to make products safe and free of defects when they’re sold to consumers. However, if the claimant was aware of a defect or risk but failed to repair it, then a defendant may be able to reduce their liability by showing that the claimant was negligent in failing to repair the product.

Related FAQs

What are the defenses to a strict liability claim?
What is a “risk-utility” defense to a product liability claim?
What is a “misuse” defense to a product liability claim?
When can I file a claim under Dangerous Products Law?
What is a “pre-emptive” defense to a product liability claim?
What is a “lack of causation” defense to a product liability claim?
What is a “comparative negligence” defense to a product liability claim?
What is a marketing defect?
What is the burden of proof in a product liability case?
What is a warning defense?

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

Related FAQs

Related Blog Posts