What are some common defenses used by defendants in product liability cases?

In product liability cases in Florida, defendants can use a range of different defenses. One of the most common is that of contributory negligence, where the plaintiff is held partially or wholly responsible for their injury. This is due to the fact that the defendant can argue that the plaintiff misused or tampered with the product, either willfully or through ignorance. Another defense commonly used by defendants in product liability cases is the assumption of risk. Here, the defendant can argue that the product’s potential for danger was known to the user, but that they chose to continue using the product anyways. They can also argue that the plaintiff had a duty to exercise caution and was aware of the risk of using the product when they chose to do so. Defendants can also use the doctrine of “learned intermediary” in product liability cases. This doctrine is used when the manufacturer argues that their duty of reasonable care was discharged to a physician or other intermediary who then informed the patient of the product’s potential risks and dangers. Finally, defendants in product liability cases may also claim that the product was already damaged when the consumer purchased it, or that the product was not manufactured according to the required industry standards. In any of these circumstances, the defendant may be held not liable if they can prove that their product was not defective.

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What are some common defenses used by defendants in product liability cases?

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