Are there any defenses available to a product manufacturer in a defective products case?

Yes, there are several potential defenses available to a product manufacturer in a defective products case in California. Generally, the party that is accused of selling a defective product (i.e., the defendant) must show that the product was not actually defective, that the defect did not cause the injury, that the plaintiff was not using the product as intended, or that the plaintiff assumed risk. One defense is that the product was not actually defective. If a product did not actually malfunction, then the manufacturer cannot be held accountable for any injuries. A second defense is that the defect did not actually cause the injury. Even if a defect is found in a product, if the plaintiff’s injury was not actually caused by the defect, then the manufacturer cannot be held liable. A third defense is that the plaintiff was not using the product as intended. If a plaintiff is using a product in a way that is inconsistent with instructions or warnings provided by the manufacturer, then the manufacturer may not be held liable for any resulting injuries. Finally, the plaintiff may have assumed some risk when using the product. This is especially true if the product comes with warnings and instructions, or if the plaintiff did something to increase their risk of injury. In these cases, the manufacturer cannot be held liable for any resulting injuries. In conclusion, there are several defenses available to a product manufacturer in a defective products case in California. The defendant can dispute that the product was defective, dispute that the defect caused the injury, argue that the plaintiff was not using the product as intended, or argue that the plaintiff assumed risk when using the product.

Related FAQs

Are there any defenses available against a defective products claim?
What is a “market share liability” in defective products law?
What is the manufacturer’s liability for a defective product?
What is a “defect in labeling” in defective products law?
What type of compensatory damages are available for defective products cases?
What is strict liability in defective products law?
Are punitive damages available in defective products cases?
What are my rights in a defective products case?
What type of recovery is available to a claimant in a defective products case?
What is a “failure to warn” defect in a defective products case?

Are there any defenses available to a product manufacturer in a defective products case?

Related FAQs

Related Blog Posts