What is a “comparative negligence” defense to a product liability claim?

A comparative negligence defense is a legal defense used in product liability claims. This defense is based on the concept of comparative negligence, which is a legal principle that allows for a person’s fault in a lawsuit to be reduced or dismissed depending on their degree of involvement in causing an incident. In New York, this defense is used to shield a manufacturer from responsibility if the injured party’s own negligence contributed to the injury. If a manufacturer can prove that the injured party’s own negligence was partially or totally responsible for the injury, this could reduce or defeat a product liability claim. For example, if a person purchased a product without first reading the warnings or instructions, and then used the product in a manner which caused injuries, the court may find the injured party comparatively negligent, and reduce or dismiss his or her claim against the manufacturer. The principle of comparative negligence is used in other areas of law outside of product liability in New York. This is a key principle the court uses to determine the fault and responsibility of both parties in a lawsuit. Depending on the circumstances of the claim, the court will need to consider the comparative negligence of the injured party before making a decision.

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What is a “comparative negligence” defense to a product liability claim?

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