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

In Indiana, product users may have several defenses available to them in a defective products case. Generally, product users must prove that the product was, in fact, defective and caused harm. However, depending on the circumstances, there are defenses that may be available. One defense is the “assumption of risk”. Product users may be found liable if they knew of the potential risks when using the product and still chose to use it. This defense holds that if the user knew of the risk and still assumed the risk, then the product manufacturer may not be held liable. Another defense is the “unavoidably unsafe product” defense. This applies when a product is considered “unavoidably unsafe”, meaning that, even if it is used as intended, it still poses a risk of injury. In these cases, product users may not be liable because the product was considered “unavoidably unsafe”. Another defense used in defective products cases is the “contributory negligence” defense. This holds that if the product user was negligent in some way that contributed to the injury caused by the faulty product, then they may not be able to recover damages. Finally, product users may also have a defense of “statute of limitations”. This holds that product users must file a lawsuit within a certain amount of time after becoming aware of their injury. If the product user fails to file the lawsuit within the allotted time frame, then they may not be able to recover damages for the defective product. In summary, in Indiana, there are several defenses available to product users in defective products cases. Each defense must be carefully examined to determine its applicability in a particular case.

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

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