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

In Utah, a “comparative negligence” defense is a legal strategy that may be used by a defendant in a product liability claim. This defense is based on the idea that a person’s own negligence, or “fault”, may be a contributing factor in any harm suffered due to a defective product. The court will attempt to assign a percentage of blame to both the defendant and the plaintiff. A defendant may be able to use this defense to reduce their liability by the percentage of fault that the plaintiff is found to be responsible for. For example, if a faulty lawnmower caused serious injury to a plaintiff, the defendant manufacturer may argue that the plaintiff’s negligence played a role in the accident. The court may find that the plaintiff was 50% responsible for the accident because they failed to follow the product’s guidelines regarding safety. In this case, the manufacturer’s liability to the plaintiff would be reduced by 50%. In Utah, this type of defense can be used in product liability claims. In order to make a successful comparative negligence defense, the manufacturer must demonstrate that the plaintiff’s negligence contributed to the accident. If they are successful, the court may reduce the manufacturer’s total liability by the percentage of the plaintiff’s fault.

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

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