What is a “dealer’s knowledge” defense to a product liability claim?
In California, a “dealer’s knowledge” defense is one of the many potential defenses that can be used in a product liability claim. It is based on the idea that a seller is not liable for any harm caused by a product if the seller did not have knowledge of any defects in the product prior to sale. To establish a “dealer’s knowledge” defense to a product liability claim, the seller must prove that they had no knowledge of the product defect prior to the sale. This can be difficult to prove, however, so there are a few exceptions to this rule. For example, if a seller can demonstrate that they took reasonable steps to inspect and test the product, they may still be found not liable for any harm caused by the defective product. If a dealer’s knowledge defense is established, the seller will not be held liable for the plaintiff’s injuries. However, this does not mean that the product’s manufacturer or distributor may not still be found liable for any damages that resulted from the defective product. Additionally, a dealer’s knowledge defense does not apply to claims of negligence on the part of the dealer in regards to the sale of the product. Overall, a “dealer’s knowledge” defense is a valid option when it comes to defending against a product liability claim in California. This defense can help protect sellers from being held liable for any harm that was caused by a defective product, as long as they can prove that they did not have any knowledge of the defect prior to the sale.
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