Are there any defenses available against a defective products claim?
Yes, there are defenses available against a defective products claim in Arkansas. Generally, it is up to the defendant to prove any defenses that are available. These defenses could include the defense that the product was unaffordable or inaccessible, the defense of challengeable defect, and the defense of comparative negligence. The defense of unaffordability or unavailability is when the plaintiff can’t prove that the product was available or affordable to them. For example, a product could have been too expensive, and the plaintiff would not have been able to buy it. The defense of challengeable defect is when the defendant believes that the product didn’t actually have a defect. This could be due to a variety of reasons, such as the fact that the product was only used in a certain way, or that any defect the product had wasn’t a manufacturing issue. The defense of comparative negligence is when both parties carry some level of fault for the incident. For example, if the plaintiff was using the product in a way which was not intended, and that is what caused them harm, then the defendant may argue that some of the fault lies with the plaintiff. These are just a few of the defenses that could be used against a defective products claim in Arkansas. Ultimately, the best way to protect oneself against any legal claims is to be aware of the risks associated with a product and ensure that it is used in a safe and responsible manner.
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