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

The “state of knowledge” defense to a product liability claim is a legal defense used in South Dakota that centers around the knowledge that the manufacturer or seller of a product had at the time of its design or sale. In essence, this defense states that the manufacturer or seller should only be accountable for damages resulting from its product if it knew or had reason to know that the product was dangerous. This means that the manufacturer or seller is not responsible for damages if, at the time the product was made or sold, there was no knowledge that the product could possibly be dangerous. In other words, the “state of knowledge” defense allows a manufacturer or seller to be exonerated from liability for damages resulting from a product they manufactured or sold if the manufacturer or seller had no knowledge that the product was potentially dangerous. For example, if a manufacturer or seller sold a product without conducting any prior research to determine whether or not the product was safe, then they may be able to use the “state of knowledge” defense. In South Dakota, the “state of knowledge” defense is recognized by the courts. It is a defense that is available to manufacturers and sellers of products in order to protect them against claims of liability stemming from a product that was potentially dangerous at the time of its design or sale.

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

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