Are there any defenses available to a product user in a defective products case?

Yes, there are defenses available to a product user in a defective products case in Arkansas. The most common type of defense is that the product user assumed the risk. This means that they knew, or should have known, that the product might be defective when they purchased it, but they purchased it anyway. That knowledge of the risk could provide them with a defense if they were injured by a defective product. Another defense could be that the product user failed to use the product in a reasonable manner. For example, if a user did not use the product in the manner in which it was intended, such as using a lawnmower for something it was not intended for, then they could not claim the product was defective if they were injured. It could also be argued that the product user was in some way negligent. This could include failing to follow assembly instructions if the product was assembled by the user, or not using safety equipment that the user should have been aware of. Finally, it is possible to raise the defense that the product user contributed to the defect by using it beyond its designed lifespan or in a non-intended way. Evidence would have to be provided to support this defense. In order to determine the proper defense, product users should seek the advice of a lawyer familiar with defective products law in Arkansas.

Related FAQs

What can I do if I think I have a valid claim against a manufacturer?
What is an example of a design defect in a defective products case?
What is the importance of “prior art” in a defective products case?
What is the liability of a seller in defective products law?
Are punitive damages available in defective products cases?
What types of evidence are necessary for a defective products case?
What is the difference between a “strict liability” and a “negligence” product liability claim?
What is a “market share liability” in defective products law?
How do I go about gathering evidence to prove my defective products case?
What is the role of a product liability expert witness?

Are there any defenses available to a product user in a defective products case?

Related FAQs

Related Blog Posts