Product Liability Defenses: Two Key Strategies

When facing a product liability claim, businesses often rely on two primary defenses to reduce or eliminate responsibility:

1. Product Misuse

2. Assumption of Risk

1. Product Misuse

Definition: Occurs when a consumer uses a product in a way that was not intended or reasonably foreseeable by the manufacturer.

When It Applies:

• The product is used against clear instructions or warnings.

• The misuse could not have been reasonably anticipated by the company.

Example:
A consumer removes a safety guard from a machine and is injured. The manufacturer can argue that the injury was due to improper use, not a defect.

2. Assumption of Risk

Definition: The injured party knew about a product’s specific risk but voluntarily chose to use it anyway.

Key Elements:

• Clear awareness of the danger.

• Voluntary decision to proceed despite the risk.

Example:
A user knowingly uses a visibly damaged ladder. By accepting the risk, they may lose the right to claim damages.

Frequently Asked Questions (FAQ)

Q: Can both defenses be used in the same case?
A: Yes. Misuse addresses improper product use, while assumption of risk focuses on the consumer’s voluntary acceptance of danger.

Q: Are these defenses valid in strict liability cases?
A: In many jurisdictions, yes—though the specifics depend on local laws.

Q: What if the consumer wasn’t fully aware of the risk?
A: If full awareness cannot be proven, the defense may reduce damages instead of fully eliminating liability.

Q: Do warnings strengthen these defenses?
A: Absolutely—clear written warnings make it easier to prove awareness and misuse.

Summary

• Product misuse and assumption of risk are the strongest defenses in product liability cases.

• Success depends on proving the injury stemmed from the user’s actions, not a product defect.

• Strong documentation and clear warnings are critical.

Protect Your Business from Liability

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