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

A “pre-emptive” defense to a product liability claim is a set of legal arguments that suppliers of defective products can make in order to avoid liability. In Oklahoma, the Uniform Product Liability Act, which is the controlling law governing product liability, has certain pre-emptive defenses which may be used to deflect liability from a company. The most commonly used pre-emptive defense is known as the “state of the art” defense. This defense states that the product which caused the injury was designed and constructed according to the state of the art or industry standards at the time of manufacture. This means that, even if the product was defective, the manufacturer would still not be liable if the design and construction of the product was in accordance with the industry standard at the time of manufacture. Another pre-emptive defense is the so-called “negligence defense,” which states that a company may not be liable if the injury was caused by the negligence of someone other than the manufacturer. For example, a manufacturer would not be liable if the injury was a result of a carpenter improperly installing the product. Lastly, Oklahoma also recognizes a defense of “inevitable accident,” which provides that a manufacturer may not be liable if the injury was a result of a hazard or danger which was practically certain to occur, even if the manufacturer complied with proper product safety standards. In sum, pre-emptive defenses are an important tool for suppliers of defective products in Oklahoma and can serve to shield them from liability in certain circumstances.

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

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