What is a “product alteration” defense to a product liability claim?

A “product alteration” defense to a product liability claim is a defense which aims to protect a manufacturer or seller from being found liable for the faulty product. It involves the argument that the product which caused harm to the consumer had been altered, changed, or modified in a way that makes the manufacturer or seller not liable. In California, the defense of product alteration may be used if the actual harm was caused by either a change in design, a change in construction materials, or an alteration of the product after it left the possession of the manufacturer or seller. In order for the alteration to be valid, the change must be significant enough to have had the potential to cause the harm, and the change must not have been foreseeable or foreseeable to the average consumer. It is important to note that the manufacturer or seller can only use the product alteration defense if they can demonstrate that the alteration was outside their control and was done without their permission. Additionally, the defense does not apply if the modification was done to comply with legal or safety requirements, or if the alteration was performed in accordance with the manufacturer’s instructions. Overall, the product alteration defense is an important legal tool for manufacturers or sellers who may be held liable for product liability claims due to the modification of a product after it left their possession. The defense is used to protect manufacturers and sellers from unwarranted liability, while also affirming consumers’ right to safety.

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What is a “product alteration” defense to a product liability claim?

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