What is a “pre-emptive” defense to a product liability claim?

A “preemptive” defense to a product liability claim is a strategy used to protect a manufacturer or seller from a potential lawsuit by attempting to prove that a product was designed, manufactured, or sold without negligence, and in accordance with industry standards. In the state of New York, a manufacturer can use a preemptive defense to shield itself from liability or reduce the amount of damages available should a claim be made. This strategy utilizes various types of evidence to demonstrate that a product was designed and manufactured in a manner that is consistent with industry safety and quality standards in order to protect the manufacturer from claims of negligence. For example, a manufacturer could provide evidence of laboratory tests and inspection certificates in which the product is proven to meet or exceed industry standards. In New York, a defendant may also utilize a “state of the art” defense in a product liability claim. This is a legal concept which states that the defendant should only be held liable if the design or manufacturing process used at the time of manufacture was deemed to be inadequate or inefficient by current industry standards. To successfully utilize this defense, a defendant must prove that their product was in “state of the art” condition at the time of manufacture or sale. Ultimately, a preemptive defense can be an effective strategy for defending one’s self against a product liability claim in New York. It is important to remember, however, that any evidence used to support a preemptive defense must be reliable and accurate. Furthermore, a defendant should consult an experienced attorney to discuss the options available and the potential risks associated with using a preemptive defense.

Related FAQs

What is a “failure to repair” defense to a product liability claim?
What is Dangerous Products Law?
What is a breach of warranty?
Can I receive compensation if my injury is caused by a defective product?
What are the possible remedies in a product liability case?
What is a “comparative negligence” defense to a product liability claim?
What is a warning label defense?
Who can be held liable in a product liability case?
What is the Restatement Third of Torts?
What is an “implied warranty” defense to a product liability claim?

What is a “pre-emptive” defense to a product liability claim?

Related FAQs

Related Blog Posts