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The core element of strict product liability is the presence of a defective product. This can stem from design defects, manufacturing flaws, or inadequate warnings and instructions. The product must deviate from the intended design or pose an unreasonable risk to consumers.

Negligence and the EMS professional There is a duty to act. There is a breach of that duty. The breach causes an effect. Damage has been inflicted to another.

In order to establish negligence, you must be able to prove four “elements”: a duty, a breach of that duty, causation and damages. Duty: You must first prove that the person against whom your claim is made owed a duty to you.

A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.

Contributory negligence doctrine is a common defense in all types of injury claims. In product liability cases, companies may admit that, while their product is partly at fault for your injuries, you are equally or primarily at fault due to misuse of some kind.

Possible Defenses to Strict Liability The defendant may claim that the strict liability standard does not apply. They may also use the defenses of negligence by the plaintiff or misuse of a product, depending on the type of case. General defenses such as the expiration of the statute of limitations are also available.

To prevent product liability issues, businesses must design products that are reasonably safe during foreseeable use, unforeseeable use, service and maintenance. This involves making safety a priority throughout the entire product design phase.

A primary defense is to argue that the plaintiff's injury was not caused by the product. Demonstrating that the injury was due to another cause or preexisting condition can help protect against liability.

Therefore, one avenue open to a defendant in a product liability case is to argue that the harm suffered by the plaintiff was a result of using the product in an unexpected and unforeseeable way. Thus, misuse can serve as a defense against liability.