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

Yes, there are some defenses available to a product user in a defective products case in California. The most common defense is that the user of the product failed to take care of the product properly and/or that the user failed to take reasonable steps to discover the defect in the product. The courts also consider whether the user was able to anticipate the risk from using the product, such as misuse of the product, inadequate instructions or warnings, or failure to install or operate the product according to its instructions. In some cases, a user may be able to defend themselves by showing that they did not cause the injury or damage. In other words, the user may be able to show that the product was defective prior to their use, or that their actions did not cause the defect. In some cases, the user may be able to argue that the product was not sold in a “merchantable” condition and that they were unaware of the defect prior to purchase. If the manufacturer or seller published statements or documents that misrepresented the characteristics of the product, then the user may be able to argue that they reasonably relied on this information and did not have the opportunity to discover the defect. It is important to note that product users need to keep any evidence that may be used to support their defense. This includes any warnings, instructions, or other documents associated with the product, as well as photos or video of the product before or after the incident occurred. Additionally, any medical records of the injury may be used as evidence in a product liability case.

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