What is a “state of the art” defense in defective products law?

In New York, a “state of the art” defense in defective products law is a legal argument used by a defendant when a product they have designed, manufactured, or sold is determined to be defective. This defense states that the defendant should not be held liable, as the product was designed and manufactured in accordance with the most up-to-date safety standards in the industry. Essentially, it is an argument that the defendant has done everything in their power to ensure the safety of their product, and would not be able to reasonably anticipate any further product defects. This is often a difficult argument to prove, as it requires evidence that the defendant was aware of the industry safety standards and that they had included them in their product. Further, the defense must also prove that the standard of care used by the defendant was the same as the standard care used by industry experts. In New York, this is often a complex argument as the state has relatively rigid laws in place to protect consumers. In order to successfully prove this defense, the defendant must be able to demonstrate that they have gone above and beyond the minimum safety requirements in order to ensure the product in question was safe for use by the consumer. This can be difficult to prove, and thus this defense is often used as a last resort by defendants.

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