What is a “foreign object defense”?

A “foreign object defense” is a type of defense used in products liability law cases in North Carolina. It’s a defense used by product manufacturers and sellers to try and avoid responsibility for any harm caused by their product. The foreign object defense states that the manufacturer or seller of the product wasn’t responsible for any casualty, injury, or damage caused by their product. Instead, it suggests that an object that isn’t related to the product was the cause of the casualty, injury, or damage. For instance, if someone was injured while using a specific product, the manufacturer or seller of the product could try to argue that the casualty was actually caused by a foreign object that got into the product after it was sold or manufactured. In this case, the foreign object could be something like dust, a foreign substance, or a piece of debris that wasn’t part of the product. To use the foreign object defense successfully, the manufacturer or seller of the product must prove that the foreign object was introduced to the product after it left their responsibility and control. In other words, they must prove that they weren’t negligent in creating or selling the product. Additionally, the foreign object must be the direct cause of the casualty, injury, or damage. Overall, a foreign object defense is a type of defense used in products liability law cases in North Carolina that seeks to avoid responsibility for any harm caused by their product. It suggests that a foreign object, which was introduced after the product left the manufacturer or seller’s control, is the cause of the casualty, injury, or damage.

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What is a “foreign object defense”?

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