What are 2 defenses for product liability?

Two common defenses in product liability cases are:

  1. Assumption of Risk:

    • This defense argues that the plaintiff was aware of and understood the potential risks associated with using the product but chose to proceed anyway. By voluntarily accepting the known risks, the plaintiff may be considered to have assumed the risk of harm, which can reduce or eliminate the defendant’s liability.

  2. Contributory Negligence:

    • Contributory negligence is a defense that asserts that the plaintiff’s own actions or negligence contributed to the injuries or damages suffered. In jurisdictions that follow contributory negligence principles, even if the plaintiff’s negligence is minimal, it can completely bar recovery.

It’s important to note that the effectiveness of these defenses can vary based on the specific circumstances of the case, the legal jurisdiction, and the prevailing legal standards. Additionally, there are other defenses, such as the learned intermediary doctrine, product misuse, and state of the art, that defendants may use depending on the nature of the product liability claim.

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