What is the “state of knowledge” defense to a product liability claim?

The “state of knowledge” defense to a product liability claim in New York is a legal argument used by a manufacturer or seller to deny liability for an injury that was caused by a defect in their product. The defense claims that at the time the product was made, the available scientific knowledge did not indicate that the defect was dangerous, or that the manufacturer could not reasonably be held responsible. In other words, this defense acknowledges that the product was defective but argues that the manufacturer was not negligent in its manufacture or marketing of the product because the danger posed by the defect was not known at the time it was made. A court may take into account evidence that the manufacturer or seller took steps to warn consumers of potential hazards, or took other safety measures, even if they were not legally required. The court will typically weigh the state of knowledge at the time the product was made against the manufacturer’s conduct and the seriousness of the defect. If the court finds that the available information at the time was insufficient to alert the manufacturer to the danger of the defect, or that the manufacturer took reasonable steps to prevent injury, the defense will likely succeed.

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What is the “state of knowledge” defense to a product liability claim?

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