What are the defenses to a negligence product liability claim?

In Florida, there are several defenses that may be used to a negligence product liability claim. The first defense is known as the “risk-utility” defense. This defense argues that the manufacturer or seller should not be held liable for any defect or harm done if the product was used as intended and the risk of harm was outweighed by the usefulness of the product. Another defense is the “assumption of risk” defense. This defense claims that the injured person was aware of the potential risks and chose to assume them anyway. This defense is often used when the product has warnings or labels indicating that there may be potential harm. The “manufacturing defect” defense is also sometimes used. This defense argues that the defect that caused the injury was the result of a manufacturing error and was not intended or foreseeable. Finally, the “statute of limitations” defense may be used. This defense states that the claim was filed after the statute of limitations expired, and therefore the defendant cannot be held liable for any harm caused. These are just a few of the many defenses that may be used to a negligence product liability claim in Florida. It is important to consult with a licensed attorney to determine the best course of action for your particular case.

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What are the defenses to a negligence product liability claim?

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