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

In New York, a manufacturer accused of selling a defective product may have a number of defenses available to them in a defective products case, such as demonstrating that the product was not defective, that they followed accepted industry standards, or that the claimant failed to follow reasonable safety precautions. The most common defense available is the “state of the art” or “current safety standards” defense. This defense states that the manufacturer followed accepted industry safety standards in the design, manufacture, and distribution of the product. This defense would be unsuccessful if the product was not compliant with universally accepted safety standards. The “assumption of risk” defense is another defense available to a manufacturer in which they may argue that the claimant assumed the risk of using the product. This evidence is typically used to show that the claimant knew or should have known about any risks associated with the product. The “failure to take reasonable precautions” defense may be available to a manufacturer if the claimant failed to take reasonable precautions to avoid harm, such as following product instructions. However, this defense is not available if the product was supposed to be safe without any special instructions. Finally, the “defendant’s use of due care” defense can be used to show that the manufacturer did everything in their power to ensure the product was safe, but that an unforeseen factor caused the product to be defective anyway. This defense is difficult to prove and requires thorough evidence. In general, these legal defenses are available to a manufacturer in a defective products case. However, it is best to consult an attorney about the specifics of each case to determine the best course of action.

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

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