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

In New York, ‘contributory negligence’ is a defense to a product liability claim. Contributory negligence is when the user or claimant of the product was partly responsible for their injuries caused by a product. The defense of contributory negligence states that the user was aware of the product’s potential to cause harm, yet still used the product. It is the belief that the individual should be held accountable for their injuries, as they chose to use the product despite the inherent risks. For example, if a consumer is injured by a defective product, but the behavior of the user was deemed to be careless, they may be found guilty of contributory negligence. This means that even if the product was dangerous, the consumer may not be able to recover all of their damages because they did not take the necessary precautions. In New York, contributory negligence is sometimes used as a defense by product manufacturers. While there are statutes in place to protect consumers, manufacturers may argue that the claimant’s negligence contributed to the injury and should be taken into account when determining the amount of damages to be awarded, if any. Ultimately, contributory negligence is an important defense to keep in mind when filing a product liability claim in New York. It is important to note that most states have abolished the defense of contributory negligence and use the doctrine of comparative negligence instead. Comparative negligence takes into account the negligence of the party claiming the product caused the injury, but also the negligence of the defendant.

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

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