What is the “state of the art” defense?

The “state of the art” defense is a defense for product liability law in North Carolina. This defense applies to manufacturers and other people who are liable for a product. It is a way for them to avoid being held legally liable for any harm caused by their product. To use the state of the art defense, the defense must be able to prove that the product was manufactured according to the accepted standards in the industry at the time of production. The accepted standards must be proven to be within the industry at the time of production and that the harm caused by the product was not foreseeable or reasonably preventable by the manufacturer. In North Carolina, the defense of state of the art can also be used to protect a manufacturer who reasonably relied on information provided by a third party in order to comply with industry standards. For example, if a manufacturer hires an outside company to design a product and that company provides inadequate information, the manufacturer could use this defense to release them from liability for harm caused by that product. A manufacturer must also be able to prove that the harm caused would not have been avoided by the use of alternative materials, design, or techniques. It is important for manufacturers to understand the law and industry standards in order to properly defend themselves against allegations of a product liability lawsuit. By following the “state of the art” defense, manufacturers can ensure that their products have the highest standards of safety.

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