What are the defenses to a product liability claim?

In California, there are multiple defenses to a product liability claim. Generally, the two main defenses are breach of warranty and comparative negligence. Breach of warranty occurs when a manufacturer fails to stand behind their product as they initially agreed to. For example, if a consumer purchases a product and it does not perform as expected, the consumer may have a claim for breach of warranty. In order to defend against a breach of warranty claim, manufacturers must prove that the consumer knew or should have known the product was not fit for its intended purpose or was not of the quality expected. Comparative negligence is another defense to a product liability claim. In California, manufacturers can argue that the consumer played a role in their own injury caused by the product. For example, if a consumer fails to properly use a product, the manufacturer can argue that the consumer was comparatively negligent and therefore partially responsible for their own injuries. In order to defend against a comparative negligence claim, manufacturers must prove that the consumer was partly at fault for the incident. In California, manufacturers may also use a “bars to recovery” defense to a product liability claim. This means that the manufacturer may be able to argue that the consumer’s claim is barred or prevented from being heard in court. In order to defend against a “bars to recovery” claim, manufacturers must prove that the consumer’s claim has been rendered invalid due to certain circumstances. In summary, the main defenses to a product liability claim in California are breach of warranty, comparative negligence, and bars to recovery. Manufacturers can use these defenses in order to avoid liability for any damages resulting from a product.

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