Are there any defenses available against a defective products claim?

Yes, there are several defenses available in the state of Indiana to claimants in a defective products liability case. First, it may be possible to argue that the plaintiff assumed the risk for the injury or damage caused by the product. In other words, the claimant must have actually known about the product defect prior to the incident and voluntarily accepted the risk of using the product. Another defense available in Indiana is the Statute of Repose. This states that product manufacturers are liable for any defects that arise within a certain time period from the date the product was first sold. If the defective product had been sold more than 10 years prior to the incident, the manufacturer may be able to successfully argue statute of repose as a defense. Additionally, an affirmative defense may be provided if the plaintiff is unable to prove that it was the defect itself that caused the injury or damage. If the manufacturer can show that the injury was a result of the claimant’s own negligence or misuse of the product, then the manufacturer may not be liable for damages. Finally, if the product was altered or modified in some way after it left the manufacturer’s control, the manufacturer may be able to argue that they cannot be held liable for any injuries or damages caused by the modification. The claimant must be able to show that the manufacturer had prior knowledge of the alteration before they can effectively challenge this assertion.

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Are there any defenses available against a defective products claim?

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