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

A “risk-utility” defense is a legal argument that can be used by a manufacturer or seller of a dangerous product in New York to help protect them from liability when a customer is injured due to their product. This argument states that while the product may have some risks, the benefits of the product outweigh those risks. For example, a manufacturer may argue that their product is designed to provide a necessary service, such as a medical device, or that it is the most cost-effective option available. In order to succeed in a “risk-utility” defense, the manufacturer or seller must prove that the benefit of the product is greater than the risks associated with it. They must also prove that the dangers posed by the product are not avoidable, even if the best available design or safety measures are taken. Lastly, they must also prove that the product’s benefits are necessary for consumers, so that they will not switch to another product with greater risks. If successful, a “risk-utility” defense can help protect a manufacturer or seller from liability in a product liability claim. However, it is important to note that this defense must be used in a way that is appropriate and legal. It should not be used as an excuse for a manufacturer or seller to shirk their responsibility for producing and selling a dangerous product.

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

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