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

Yes, there are a few potential defenses available to a product user in a defective products case in New York. Generally, a product user must prove that the product was either defective when they purchased it or it became defective over time due to an issue with the product itself. If this is found to be true, then the product user may be able to receive compensation for their losses. One common defense is known as “assumption of risk.” This occurs when a product user understands and accepts that a certain risk is involved in using a specific product. In order to be successful using this defense, the product user must prove that they were aware of the risks associated with the product in question, and that they understood and accepted these risks. Another defense is known as “contributory negligence.” This occurs when a product user’s own negligence or careless behavior contributed to the defect in the product or to the injury caused by the defect. This defense is usually less successful, however, because a product user may have been unaware of the potential risk or did not have sufficient knowledge to protect themselves. Finally, a product user can also attempt to use the defense of “unavoidable accident.” This is when a product user can prove that the defect in the product was beyond their control and that there was nothing they could have done to prevent the defect from occurring. In short, product users of defective products in New York may be able to defend themselves in court with an assumption of risk, contributory negligence, or an unavoidable accident defense. Each of these defenses may help a product user prove that they are not liable for the defect or injury caused by the product in question.

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