Are there any defenses available to a product manufacturer in a defective products case?
Yes, product manufacturers in Indiana have certain defenses available to them in a defective products case. One common defense is that the product manufacturer was not negligent in the design or manufacture of the product. This defense is based on the fact that the product manufacturer did not owe the plaintiff a duty of care. If the product manufacturer can prove that he or she did not breach this duty of care, then he or she is not liable for any damages that may have occurred due to the defective product. Another possible defense is that the plaintiff was aware of the product’s defects when he or she purchased the product or was otherwise fully aware of the risks associated with the product’s use. This defense is based on the principle of assumption of risk, which states that the plaintiff is responsible for assuming any risks associated with the product’s use and that the product manufacturer is not liable for any damages caused by those risks. It is also possible that the product manufacturer can prove that the product was not the direct cause of the plaintiff’s damages. This is known as the “defective product/proximate cause” defense, which states that the plaintiff must prove that the product was the direct cause of his or her injuries in order to be successful in their defective products claim. Finally, the product manufacturer may use the “comparative negligence” defense, which states that the plaintiff’s own negligence played a role in causing the damages. If this defense is successful, the plaintiff’s damages may be reduced by the amount of negligence attributed to him or her.
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