What is a “lack of causation” defense to a product liability claim?

A “lack of causation” defense to a product liability claim is when a defendant asserts that their product was not the cause of the plaintiff’s injury or damages. This means that the defendant is arguing that the product was not defective and did not cause the plaintiff’s harm. The defendant may use this defense to try to avoid liability, or financial responsibility, for the harm they caused. In order to successfully prove that their product did not cause the harm, the defendant must show that the product did not contain any defective parts and that the plaintiff used the product in a reasonable way. The defendant may also bring in expert testimony to prove that another source, such as human error or external forces, caused the harm. The South Dakota Dangerous Products Law provides that a defendant cannot be held liable unless it can be proven that the defendant was negligent in the design, manufacture, or distribution of the product in question. If the defendant can successfully prove that their product was not the cause of the plaintiff’s harm, the defendant may be able to avoid paying damages for the harm they caused.

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What is a “lack of causation” defense to a product liability claim?

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