What are the defenses to a negligence product liability claim?

In Arizona, there are several legal defenses that may be available to a defendant in a negligence product liability claim. These defenses can help to protect a manufacturer or supplier from liability if they can demonstrate that the product in question was not defective or was not the direct cause of harm. The first defense is known as the “consumer expectation test.” This is when the defendant can show that the product met the expectations that a reasonable consumer would have when using the product. The defendant would need to prove that a reasonable consumer would expect the product to function as it was designed and that it did not contain any defects. The second defense is known as the “comparative fault defense.” This is where the defendant can argue that the user of the product was partly or mostly at fault for any harm they suffered due to their own negligence or carelessness. The third defense is known as the “open and obvious danger defense.” This is where the defendant can argue that the danger of the product was apparent to any reasonable user and that if the user knew of the danger, they should have taken steps to avoid using the product and any harm that may result from it. Finally, the fourth defense is known as the “assumption of risk” defense. This is where the defendant can argue that the user of the product assumed the risk of any harm or injury that may result from using the product. This defense is based on the fact that the user was aware of the risks and potential dangers associated with using the product and still chose to use it anyway.

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