What are the defenses to a negligence product liability claim?

In California, any potential defenses to a negligence product liability claim will depend on the facts of the case. Generally, there are five defenses available: the defense of contributory negligence, comparative negligence, strict liability, implied warranty of merchantability, and indemnity. First, the defendant may argue that the plaintiff contributed to their own injury or damages by being negligent. This is known as the defense of contributory negligence. If the court finds that the plaintiff was partially negligent, or assumed some risk, then their award of damages may be reduced proportionately. Second, the defendant may also argue that the plaintiff’s own negligence was a factor in causing the injury, making them partially liable. This is known as comparative negligence. If a court finds that the plaintiff was partially responsible for their injury, the damages award may be reduced in proportion to the plaintiff’s negligence. Third, the defendant may rely on the doctrine of strict liability. Under this doctrine, a manufacturer is liable for damages regardless of fault, meaning the plaintiff does not need to prove that the manufacturer was negligent in the production of the product. Fourth, the defendant may argue that the product was sold according to the Implied Warranty of Merchantability. This warranty states that the product was fit for its intended purpose and of good quality. If a product meets this standard, then the manufacturer may be able to absolve themselves of liability. Finally, the defendant may invoke the defense of indemnity. This defense states that any third party involved in the manufacture and sale of the product may be held liable for the damages caused by that product. Ultimately, the success of any defense will depend on the facts of the particular case of negligence product liability. A skilled attorney will be able to help navigate the complexities of California law and determine the best course of action for a defendant in a negligence product liability case.

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What are the defenses to a negligence product liability claim?

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