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Defenses to Product Liability Suits

Navigation:  Home > Personal Injury > Products Liability Defenses


A manufacturer of a product may defeat a plaintiff's claim in negligence or strict products liability where there is a subsequent modification which substantially alters the product and is the proximate cause of plaintiff's injuries.

Courts have held that a manufacturer may be relieved of liability for injury caused by a product in a defective condition unreasonably dangerous to the user or consumer or to his property only if: the product was substantially altered after it left the manufacturer's control; the modifications were not foreseeable to the manufacturer; and the changes to the product were a superseding cause of the user's injury. The seller is not liable if a safe product is made unsafe by subsequent changes.

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