Product liability law holds manufacturers and sellers responsible for damages caused by defective products. The plaintiff need only prove the product was defective and used in a foreseeable manner. Defenses include proving the product was not defective or that the plaintiff used it in an unpredictable way.
Product liability law varies from jurisdiction to jurisdiction, but it is generally a tort of strict liability, meaning that the plaintiff does not have to prove negligence on the part of the defendant in order to recover the damages suffered. A product liability claim need only prove that the defendant suffered damage from a product which contained a defect at the time it left the manufacturer’s or seller’s control, provided that the seller is someone who is a regular seller of the product in question. Additionally, the plaintiff will need to demonstrate that they used the product in a manner that was reasonably foreseeable for a purchaser of that particular product. Therefore, a product liability defense will require the defendant to prove that one of the above elements is not present in the event giving rise to the damages.
A simple product liability defense will assert that the product was not defective at the time it left the defendant’s control. For example, the plaintiff may purchase a motorcycle and modify the engine to make it more powerful, and in the course of modifying the engine, he may have caused the defect which resulted in the injury. The defense will argue precisely this point, which, if held by the jury, will result in the defendant’s acquittal for the damage suffered by the plaintiff. However, the fact that the engine has been modified does not automatically translate into an effective product liability defense. Rather, the plaintiff can still prove that the defect that caused the damage was unrelated to his engine modification.
Another product liability defense that the defendant may employ is that the plaintiff was using the product in an unpredictable way. The important consideration here is that the way the product was used when the damage occurred was not simply atypical, but entirely unpredictable. Continuing the motorcycle example, if the plaintiff is harmed by a motorcycle defect while riding it off-road, it likely will not make an effective product liability defense. While the motorcycle is intended to be ridden on paved roads, it is clearly foreseeable that a consumer would take it on an off-road course.
It is easy to imagine an example where this particular product liability defense could be used effectively. If the plaintiff was injured by an electric carving knife while using it while trying to cut firewood, the defense is more likely to apply. A court is likely to find it unpredictable for a consumer to purchase an electric carving knife for use on a tree.
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