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

A “risk-utility” defense to a product liability claim is an argument that the product at issue was used in the way it was intended and that the danger associated with it was outweighed by the utility of the product. This defense is primarily used in cases regarding the design of a product, determining whether the risk of harm posed by a product was foreseeable to the manufacturer. In Oklahoma, for example, a defendant may be able to argue that the design of the product was necessary to its effectiveness and that the danger posed by the design was outweighed by the benefits. This defense typically requires the defendant to provide evidence that the design of the product was the least dangerous option available to the manufacturer. The risk-utility defense may also be used in cases involving the warning label of the product. In many cases, the manufacturer must warn consumers of the potential dangers posed by the product. A defendant may be able to use the risk-utility defense to argue that the danger posed by the product was known by the consumer, or that the warning label was sufficient. The risk-utility defense is an important defense in product liability cases in Oklahoma. It gives defendants the opportunity to argue that the manufacturer could not have reasonably predicted the danger posed by the product, and that the risk was outweighed by the utility of the product. This defense can be difficult to prove, but if successful, it can help a defendant avoid liability for a product liability claim.

Related FAQs

What are the defenses to a product liability claim?
What actions can I take if I am injured by a defective product?
What are the steps in filing a product liability claim?
What is a “failure to warn” defense to a product liability claim?
What is the Restatement Second of Torts?
What type of expert testimony is needed in a product liability case?
What is the Restatement Third of Torts?
Are there limits to the amount of damages that I can receive if I win a product liability lawsuit?
What is an assumption of risk defense?
What is a “failure to inspect” defense to a product liability claim?

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

Related FAQs

Related Blog Posts