What is a “state of the art” defense to a product liability claim?
A “state of the art” defense to a product liability claim relies on the notion that manufacturers are not required to create the absolute best or safest product - only that they should use the most up-to-date technology and safety standards available when they design and produce their products. In the state of Utah, a manufacturer could use a “state of the art” defense to show that its product complied with applicable safety standards and that any injury or harm resulting from the product’s use was due to the user’s negligence. In making a “state of the art” defense, a manufacturer must show that at the time when the product was designed and produced, it was as safe as technology and science allowed it to be. This defense could be used to shift blame to the user of the product, meaning that they were aware of any potential risks or dangers posed by the product and chose to ignore them. The “state of the art” defense is not an absolute shield against a product liability claim. In order to be successful, a manufacturer must be able to demonstrate to a court that they used and implemented the best practices and techniques available at the time of manufacture. If it is proven that a manufacturer did not use the most up-to-date technology and safety standards, they would be found liable for any injury or harm caused by their product.
Related FAQs
What is a “risk-utility” defense to a product liability claim?What is a comparative negligence defense?
What actions can I take if I am injured by a defective product?
What is a breach of warranty?
What is the Magnuson-Moss Warranty Act?
What types of products have a higher risk of causing injury?
Are there limits to the amount of damages that I can receive if I win a product liability lawsuit?
What is the Restatement Second of Torts?
When can I file a claim under Dangerous Products Law?
How can I prove that a manufacturer was negligent in a product liability case?
Related Blog Posts
What Is The Scope of Dangerous Products Law? - July 31, 2023How Can a Lawyer Help Me With a Dangerous Product Lawsuit? - August 7, 2023
What Are the Most Common Dangerous Product Lawsuits? - August 14, 2023
Understanding Product Liability and Negligence in Dangerous Products Law - August 21, 2023
Defending Against Dangerous Products Law Claims - August 28, 2023