What Defenses Exist to Strict Product Liability Actions?
The following defenses affect liability in a strict product liability case.
- Contributory and Comparative Negligence
- Assumption of the Risk
- Misuse of a Product
When is Contributory and Comparative Negligence a defense in Strict Product Liability Actions?
These are generally not defenses to strict products liability actions; though, the negligence of the plaintiff may be used to reduce damage awards.
When is Assumption of the Risk a defense in Strict Product Liability Actions?
If a plaintiff knowingly undertakes a dangerous activity to which strict liability applies, she may be barred from recovering from the defendant for harms suffered. Individuals may contractually acknowledge their assumption of any risks in a given activity. In most jurisdictions, however, assumption of the risk may constitute a defense.
When is Misuse of a Product a defense in Strict Product Liability Actions?
Strict product liability depends upon an individual using the product as intended by the manufacturer or in an otherwise reasonable manner. This means that the defendant may avoid liability if the injury to the plaintiff was the result of using the product in a manner that is not intended or is cautioned against.
- Note: Compliance with federal or state standards regarding the manufacture and design of a product is evidence that the product is not defective, but it is not a complete defense. Many states are beginning to adopt a reasonableness standard for design defects, failure to warn, and testing inadequacies. These standards replace the traditional strict liability standard.
- Examples: Handling fireworks while smoking could be an assumption of the risk if the explosive nature of the product is known or expressed to the user. Removing safety guards from equipment is a common misuse that could constitute a defense to strict product liability.
