What are the defenses available to a manufacturer in a defective products case?

When a manufacturer is sued for producing a defective product, there are several defenses available to them. In California, a manufacturer can raise a number of defenses to a defective product claim. Specifically, they can argue that the person who brought the lawsuit was not actually injured or that the injury was not caused by the defect in the product. Another defense available to manufacturers is the “assumption of risk” defense. This defense claims that the person who used the product knew of the risk when they used the product and accepted the risk voluntarily. For example, if someone was using an power tool that stated it had the potential to cause injury, the manufacturer can argue this as a defense. Manufacturers can also use a “comparative fault” defense to limit liability. This means that the manufacturer can argue that the person’s own negligence contributed to the injury. For example, if the person was using a product improperly, the manufacturer can argue that the person’s own negligence is partially to blame for the injury. Finally, manufacturers can also claim that the product was already in a damaged state when it was sold and that the defect was not caused by them. In this case, the manufacturer would need to prove that the product was in a damaged state before it was sold and that the defect was not caused by them. These are some of the defenses available to a manufacturer in a defective products case in California. It is important to note that these defenses vary from state to state and not all of these defenses may be available in other states.

Related FAQs

What is the difference between a manufacturer’s defect and a design defect in a defective products case?
What is an implied warranty of merchantability in defective products law?
How do I identify a product defect?
What is the “economic loss” rule in defective products law?
How can I identify a manufacturer of a defective product?
What is a warning label in defective products law?
What is a “defect in labeling” in defective products law?
What is the duty of a manufacturer regarding a defective product?
What is a “failure to warn” defect in a defective products case?
What are my rights in a defective products case?

Related Blog Posts

What Every Consumer Must Know About Defective Products Law - July 31, 2023
Understanding Your Rights: Defective Products Law Explained - August 7, 2023
What You Need to Know Before Filing a Defective Product Lawsuit - August 14, 2023
What to Do After Being Injured by a Defective Product - August 21, 2023
When to Seek Legal Representation for Defective Products Law Cases - August 28, 2023