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

In California, the legal doctrine of contributory negligence can be used as a defense to a claim of product liability. Basically, contributory negligence is when a person’s own negligence or fault contributes to an injury. For example, if someone fails to use a product as instructed and then gets injured as a result, the injured person might be held partially responsible for their own injuries. In California, the contributory negligence defense may be waived under certain circumstances. For example, if a person’s negligence is not considered by the court to be a contributing factor to the incident, then contributory negligence may not be used as a defense. Similarly, if a product fails to meet the manufacturer’s safety standards, then contributory negligence may not be used as a defense. In order for contributory negligence to be used as a defense, the defendant (usually the manufacturer) must prove that the injured person’s actions were a substantial contributing factor to the incident. If the defendant is able to prove contributory negligence, the amount of damages that the injured person can receive may be decreased. In sum, contributory negligence is a defense to a product liability claim that can be used in California. This defense can reduce the amount of damages that an injured person can receive in a product liability case. In order for the defendant to successfully use this defense, they must prove that the injured person’s actions were a substantial contributing factor to the incident.

Related FAQs

What actions can I take if I am injured by a defective product?
What is a manufacturing defect?
What is a “strict application of the law” defense to a product liability claim?
What type of expert testimony is needed in a product liability case?
What is a “fraudulent misrepresentation” defense to a product liability claim?
What is a breach of warranty?
What is “consumer expectation” in a product liability case?
What is an assumption of risk defense?
Can I receive compensation if my injury is caused by a defective product?
What kinds of injuries can occur due to a defective product?

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

Related FAQs

Related Blog Posts