What are the defenses available to a manufacturer in a defective products case?
In Indiana, a manufacturer in a defective products case may have numerous defenses available to them, depending on the specifics of the case. One defense is that the product in question was not actually defective and caused no harm. The manufacturer may claim that any damage was the customer’s fault, either due to misuse or modification. The manufacturer may also claim that the customer knew of the defect, or that the customer assumed the potential risk by using the product. The manufacturer may also have the defense of “contribution” or “assumption of risk”, which means that the customer has already taken on some of the responsibility for the product and is partially responsible for any damages. Additionally, the manufacturer may claim that they are not liable for any harm due to a contract that they had with the customer. In these cases, the customer might have waived certain rights or agreed to certain limitations when they signed the contract. Finally, the manufacturer may argue that the product was not designed for the purpose that the customer was using it for. In other words, the product was intended for a different purpose and that any harm or damage was the result of the customer’s misuse of the product. These are some of the possible defenses available to a manufacturer in a defective products case in Indiana. The specifics of the case and applicable laws will determine the exact defense that the manufacturer can use.
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