How is negligence determined in a defective products case?

In Indiana, negligence is determined by using the standard of “comparative fault” when dealing with defective products cases. This means that the courts will assess both parties’ fault and determine a percentage of fault to assign to each. When determining the level of fault, the court considers things such as how the product was used, how it was made, the age, any warnings that were given, and who was at fault. All of this evidence helps the court to decide who was negligent in the case. For instance, if a product has warnings on it about potential dangers, but it is still defective, then the manufacturer may be held liable. If the purchaser of the product failed to read the warnings or did not take proper safety measures, then they may be partly responsible for the damages that resulted from using the products. The court also considers how the product was made and if it met the required standards for the industry. If the product was made in a shoddy manner, then the manufacturer may be more likely to be held liable for any damages that result. Negligence is a complex issue and the courts will take a lot of factors into account when determining the amount of fault. In the end, both parties are responsible for ensuring that a product is safe and functioning properly, and if they fail in that duty, then they may be liable for any damages that result.

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How is negligence determined in a defective products case?

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