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

In Florida, a manufacturer may have several defenses available to them in a defective products case. Primarily, a manufacturer may assert that the plaintiff failed to prove that the manufacturer was responsible for placing the defective product in the stream of commerce and/or that the plaintiff did not prove that the product was defective. Other possible defenses available to the manufacturer in a defective products case may include that the manufacturer was not given proper notice of the defect, that the plaintiff failed to take proper or reasonable care when using the product, that the product was significantly modified by someone other than the manufacturer, or that the injury was caused by some other factor such as negligent maintenance or improper installation. Additionally, a manufacturer may argue that the plaintiff assumed the risk because they had knowledge of the defect or were aware of the danger the product posed. Or, the manufacturer may insist that the product was used in a manner for which it was not intended or that the plaintiff failed to read the product label, instructions, or warnings. Finally, in some cases, a manufacturer may be able to prove that the plaintiff’s injuries were caused by an act of God, a third party, or an act of war. In any of these cases, the manufacturer may be able to successfully defend themselves against a defective products claim.

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