What is a “state of the art” defense to a product liability claim?

A “state of the art” defense to a product liability claim in New York is a legal defense that allows a manufacturer or seller to escape liability for damages caused by a faulty or dangerous product. The defense is based on the idea that the manufacturer or seller was not negligent because they used the best available technology and processes available at the time the product was manufactured. In order for the defense to be successful, the manufacturer or seller must demonstrate that the product was manufactured or designed in accordance with the highest standards of care available at the time and that the product was not an unsafe or defective product when sold. A court will consider the availability of new technology, the level of technical sophistication of the product and the feasibility of incorporating the new technology into the product when determining whether or not the defense is viable. Manufacturers and sellers must also show that they took reasonable steps to determine whether or not a product is safe. This could include testing the product, consulting experts, conducting research and obtaining safety certifications or warnings. If a product is deemed to be unsafe or defective, the manufacturer or seller may be held liable for damages incurred by a injured party. The “state of the art” defense can be an effective way to avoid liability for damages caused by a dangerous product. However, it is important to remember that the defense must be carefully argued and supported with evidence that the manufacturer or seller used the best available technology and techniques when designing and manufacturing the product.

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