Asked by Parker Murdie on Jul 06, 2024

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Which statement is true regarding defenses to negligence-based product liability actions?

A) A defendant may only rely upon contributory negligence.
B) A defendant may only rely upon comparative negligence.
C) A defendant may only rely upon modified comparative negligence.
D) A defendant may rely upon the defense of contributory, comparative, or modified comparative negligence, depending upon which defense is accepted by the state where the case arose.
E) A defendant may not rely upon contributory, comparative, or modified comparative negligence because no defenses are available in such a lawsuit. The only issue will be the amount of damages.

Negligence-Based

Pertaining to a cause of action that arises from the failure to exercise a standard of care, resulting in harm to another.

Product Liability Actions

Legal actions taken against manufacturers or sellers for producing or distributing a faulty product that caused harm to the consumer.

Comparative Negligence

A legal principle that reduces the plaintiff's damages based on their percentage of fault in an accident.

  • Understand the available defenses in actions based on product liability due to negligence.
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Salwa ShmouelJul 10, 2024
Final Answer :
D
Explanation :
Defendants in negligence-based product liability actions can rely on various defenses depending on the jurisdiction, including contributory negligence, comparative negligence, or modified comparative negligence. These defenses can reduce or eliminate the defendant's liability based on the plaintiff's own negligence.