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

The “risk-benefit” defense is a legal defense used in product liability cases in Kansas. In short, this legal defense acknowledges that any product or service has both benefits and risks, and that the benefits of the product solidifies the understanding that there are inherentrisks. This is an affirmative defense which is used in product liability cases which states that even if the product is found to be defective or dangerous, the manufacturer should not be held liable because the potential risks were not hidden from the consumer. In Kansas, the risk-benefit defense provides an exemption from liability when it can be proven that the risks of a product are outweighed by the benefits associated with its use. For instance, if a pharmaceutical drug has known dangerous side effects, but those side effects are outweighed by the positive effects of the drug, then the drug manufacturer may be able to use the risk-benefit defense to avoid being held liable for any dangerous side effects. The risk-benefit defense is a complex part of product liability claims in Kansas, and is something that should be discussed with an experienced attorney prior to filing a lawsuit. It is important to note that not every product liability claim will be successful when using the risk-benefit defense, as it depends on the individual circumstances of the case.

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

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