Asked by Maddie Lofton on May 11, 2024
Verified
Describe the defenses to product liability.
Product Liability
The area of law in which manufacturers, distributors, suppliers, and retailers are held responsible for any injuries products cause to consumers.
Defenses
Legal arguments and evidence presented by the defendant in a lawsuit or criminal case to contest and refute the claims made by the plaintiff or prosecution.
- Outline and explain the defenses available in product liability cases.
Verified Answer
SV
Sheryl VaughnMay 11, 2024
Final Answer :
The defenses to product liability include:
• Assumption of risk-The defendant must show that (1) the plaintiff knew and appreciated the risk created by the product defect, and (2) the plaintiff voluntarily assumed the risk, even though it was unreasonable to do so.
• Product misuse: The injured party does not know that the product is dangerous for a particular use, but the use is not the use for which the product was designed.
• Comparative negligence: If the plaintiff's conduct contributes to the injury, this defense can be used.
• Commonly known dangers: If a particular danger, such as electrical shock, is or should be commonly known when using the product, the manufacturer need not warn users of the danger.
• Assumption of risk-The defendant must show that (1) the plaintiff knew and appreciated the risk created by the product defect, and (2) the plaintiff voluntarily assumed the risk, even though it was unreasonable to do so.
• Product misuse: The injured party does not know that the product is dangerous for a particular use, but the use is not the use for which the product was designed.
• Comparative negligence: If the plaintiff's conduct contributes to the injury, this defense can be used.
• Commonly known dangers: If a particular danger, such as electrical shock, is or should be commonly known when using the product, the manufacturer need not warn users of the danger.
Learning Objectives
- Outline and explain the defenses available in product liability cases.