What is a “state of the art” defense in defective products law?
In Indiana, a “state of the art” defense in defective products law is a type of legal defense based on the notion that the product was designed and manufactured using the latest methods and technology available at the time. This type of defense is typically used when a product is claimed to be defective, despite having been designed and manufactured using the best practices available at the time. In order for a state of the art defense to be successful, the defendant must be able to prove that at the time the product was designed, it was as safe as possible according to the current and prevailing standards of safety. The defense is usually based on the idea that the manufacturer could not have foreseen any risks involved with the product that were not already known at the time of its creation. If the defendant can prove the product was designed and manufactured with the best available safety practices, then they may be able to successfully defend themselves against liability in defective products law. The state of the art defense is not a guarantee of success, as the court may find the product was still defective even after taking the latest safety practices into account. Additionally, this defense may not be available in cases involving products with significant risks that the manufacturer should have known about. With this in mind, it is important to speak with an attorney about the specific facts of your case before deciding if the state of the art defense is the right option for you.
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