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

A comparative negligence defense is a legal strategy that is used by defendants in product liability cases. It is commonly used in West Virginia and is a way in which defendants can attempt to reduce their liability by proving that the plaintiff’s negligence contributed to the injury they are trying to recover damages for. Under West Virginia law, the comparative negligence defense is a strategy based on the idea of comparative fault. It is a doctrine that says that the proportion of fault attributable to each party involved in a product liability case should be considered when awarding damages to a plaintiff. In other words, the defendant is allowed to argue that the plaintiff may have been at least partly responsible for their own injuries and therefore their damages should be reduced. For example, if a plaintiff does not properly read the instructions before using a product and that causes an injury, then the defendant may argue that the plaintiff’s failure to read the instructions was negligent and therefore they should be held at least partially responsible for their own injury. If the court agrees that the plaintiff was partly responsible for the injury, then the plaintiff’s total damages award will be reduced according to the proportion of fault assigned to them. This means that the defendant may be able to avoid paying the full amount of damages that the plaintiff is seeking.

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

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