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Describe the defenses to product liability.
On May 11, 2024
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.