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

A “contributory negligence” defense to a product liability claim is a legal argument used by a manufacturer or seller of a product when a person is claiming that the product was defective, and that defect led to their injury. The argument is that the person using the product was at least partially responsible for their own injury due to their own negligence. In New Hampshire, the law is that there can be no recovery for damages in a product liability claim when the injured person was negligent in any way that contributed to their injury. To establish a contributory negligence defense in New Hampshire, the defendant in a product liability claim must prove that the injured person was at least partially responsible for their injury, either by failing to use the product correctly, or by failing to use a reasonable degree of care in order to protect themselves. For example, this defense could be used if a person was injured while using a consumer product and the defense can prove that the person did not follow the instructions or take the necessary precautions for use. In New Hampshire, contributory negligence is a complete defense to a product liability claim and if the defense can prove that the injured person was negligent in any way, the injured person is barred from any recovery of damages. Therefore, it is important for people to be aware of their own responsibility in any situation where they use a product, and to take the necessary precautions and handle the product with due care so as to avoid injury.

Related FAQs

What are the different types of product liability claims?
What is a warning defect?
What is the Learned Hand Rule?
What is the “state of knowledge” defense to a product liability claim?
What duty of care do manufacturers have to consumers?
What is a “misuse” defense to a product liability claim?
What is a comparative negligence defense?
What is a “state of the art” defense to a product liability claim?
What is the Uniform Product Liability Act?
What is the Consumer Product Safety Act?

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

Related FAQs

Related Blog Posts