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 Arkansas. Generally speaking, product manufacturers must demonstrate that their product was safe when manufactured and did not become defective through use or later alterations. If they can prove that their product was defective because of a component supplied by a third-party, they may be able to pursue a defense such as "contributory negligence". Product manufacturers may also be able to rely on the "state of the art" defense, which states that the product was made according to the best available technology or knowledge at the time of its creation. They may also be able to rely on the "assumption of risk" defense, which states that the consumer was aware of the risks associated with the product and chose to accept them. Finally, a product manufacturer may be able to claim that the product was misused or altered, resulting in the defect, or that warning and instructions provided with the product were sufficient to alert the consumer to the potential risks. Each of these potential defenses must be carefully considered and evaluated in the context of the specific Arkansas defective product case. An experienced lawyer can best advise a product manufacturer about the potential defenses available to them in their case.
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