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

A “contributory negligence” defense to a product liability claim is a legal argument that a plaintiff’s own negligence contributed to the injury or damage that they have suffered from a hazardous or dangerous product. In other words, the defendant may try to prove in court that the plaintiff was partly responsible for their injuries because of their lack of care or caution in using the product. In Florida, the law of contributory negligence is still used in product liability claims, although it is not as significant as it was in the past. Under this law, a defendant can argue that the plaintiff should have taken more care and caution when using the product, and that the plaintiff’s own negligence was a contributing cause of their injuries. However, if the plaintiff can prove that the defendant was negligent in designing, manufacturing, or distributing the product, then the plaintiff may still be able to pursue a claim. The court will often consider the degree of the plaintiff’s negligence in determining whether or not the plaintiff’s claim should be successful. It’s important to note that the defense of contributory negligence is not always successful in product liability cases. Therefore, if you have experienced an injury or damage due to a hazardous or dangerous product, it is important to speak to an experienced product liability attorney to ensure that you receive fair and adequate compensation for your losses.

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

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