What is a “risk-utility” defense to a product liability claim?

A “risk-utility” defense to a product liability claim is a legal defense used by product manufacturers or sellers in California when they are sued for producing or selling a dangerous product. This defense acknowledges that all products come with some risks, and that even when a product has been proven to be “unreasonably dangerous” there may still be a benefit to the public in allowing the product to be sold. The risk-utility defense comes into play when the product manufacturer or seller is sued for negligence or strict liability in the sale of a potentially dangerous product. The manufacturer or seller can argue that the product is still beneficial to society, and that the risk associated with the product is one that a reasonable person would accept as part of the product’s use. In order for this defense to be successful, the product manufacturer or seller must prove that the risks of using the product are outweighed by the benefit that the product provides to society. This defense must be evaluated from the standpoint of a reasonable person, taking into consideration the cost of the product, its value to society, and the potential risks of using the product. In California, the risk-utility defense can be used in product liability claims in order to demonstrate that the product was beneficial to the public despite its potential risks. If the defense is successful, the product manufacturer or seller can be absolved of liability for the potential damage caused by the dangerous product.

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What is a “risk-utility” defense to a product liability claim?

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