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

In a product liability case in Oklahoma, a “contributory negligence” defense is a legal argument that a product was used in an unsafe way that contributed to an accident or injury. In other words, the defendant may contend that the plaintiff’s behavior contributed to the injury they suffered and, therefore, the plaintiff should not be able to receive damages. In Oklahoma, a plaintiff’s contributory negligence will bar him or her from recovering any damages, even if the defendant is found to be at least partially at fault. Under this doctrine, if the plaintiff’s own negligence was greater than the negligence of the defendant, the plaintiff may not recover any damages at all. However, there are certain exceptions to this rule. If the plaintiff’s negligence was the result of a defect in the product itself, then they may still be able to recover damages. Additionally, if the negligence of the plaintiff was relatively minor compared to the negligence of the defendant, the plaintiff may still be able to recover a percentage of their damages. It is important to note that contributory negligence is a defense that must be raised by the defendant in a product liability case. If a defendant fails to raise this defense, it may no longer be available for a subsequent legal action. Therefore, it is important to consult an experienced attorney if you are considering filing a product liability claim in Oklahoma.

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

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