What is the “risk-benefit” defense to a product liability claim?

The “risk-benefit” defense is a defense to a product liability claim that is recognized in some states, including Washington. The risk-benefit defense essentially means that a defendant could potentially avoid liability if the product that injured the plaintiff had significant benefits to outweigh the risks associated with it. Under voluntary assumptions of risk, the manufacturer or other party responsible for the product has essentially argued that the benefit of the product outweighed the risks associated with it. The defense is essentially saying that if the plaintiff was aware of the risks associated with the product, then they should not be able to recover damages from the defendant. To defend themselves in this manner, the defendant would have to prove that a reasonable person, in the same situation as the plaintiff, should have been aware that their use of the product could lead to injury. Additionally, they would have to prove that the risk of injury is outweighed by the benefit that the product provides. The key question, then, is whether the amount of risk of injury is worth the benefit the product provides. If the defendant can prove this, then they can potentially escape liability for the injury that the plaintiff suffered. Each case is different, and the defendant must prove all three elements of the defense in order to successfully use this argument in court.

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What is the “risk-benefit” defense to a product liability claim?

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