Are there any defenses available against a defective products claim?

Yes, there are defenses available to a defendant facing a defective products claim in California. Generally, a defendant can argue that it is not liable for any harm caused by a defective product as it is not responsible for defects that are not related to the design, manufacture, or labeling of the product. Additionally, a defendant may argue that it is not liable due to the expiration of the applicable warranty or because the product was misused or altered by the plaintiff. The defendant may also raise other defenses to the defective products claim, including the argument that the product was sold “as is” and so the plaintiff had no expectation that the product would be completely free from defects. The defendant may also argue that the product was not unreasonably dangerous or that the plaintiff had assumed the risk of harm by buying or using the product in a particular way. In addition, the defendant may argue that the plaintiff contributed to the harm by not using the product as it was intended to be used or that the product had a short life expectancy and was assumed by the plaintiff to not last forever. Finally, a defendant may also argue that the plaintiff’s claim was barred by the statute of limitation and thus, regardless of any issue concerning liability, the claim cannot be pursued in court. All of these defenses can be raised by a defendant in a defective products claim in California.

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