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

The “comparative negligence” defense to a product liability claim in South Dakota is an argument that the injured person’s own negligence was partly responsible for any injury that occurred. This defense states that the person claiming the product was defective was partially responsible for the injury due to their own negligence, and therefore any recovery will be reduced by the amount of negligence attributable to the injured person. Comparative negligence is a type of contributory negligence, which can be either contributory or comparative depending on the state. For example, South Dakota follows pure comparative negligence, meaning that the plaintiff’s negligence will not bar them from recovery, but will reduce their damages by the percentage of their own negligence. For example, a plaintiff who was injured by a defective product while using the product in a negligent manner, like not following instructions, may still be able to recover damages, but their total damages will be reduced based on the percentage of their own negligence. So even if the plaintiff is found to be 99% responsible for their own injuries, they could still recover damages from the manufacturer of the product. Therefore, the “comparative negligence” defense to a product liability claim in South Dakota allows the plaintiff to recover damages from the manufacturer of the product even if they were partially to blame for their own injury. This can be an effective defense for manufacturers if they can convince the court that the plaintiff was partially to blame for their injury.

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

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