What Defenses Might A Manufacturer Use Against Claims Of Selling Defective Goods?

When faced with claims of selling defective goods, manufacturers can use various defenses to counter liability. These defenses aim to prove that the product was not inherently defective or that the consumer's actions contributed to the alleged harm.

Common Defenses Used by Manufacturers

• Product Misuse: The manufacturer may argue that the consumer did not use the product according to the provided instructions, which led to the defect or harm.
• Alteration After Sale: If the product was modified, tampered with, or repaired by a third party after purchase, the manufacturer might claim that this alteration caused the defect.
• Assumption of Risk: The consumer knowingly used the product despite being aware of potential risks or defects, relieving the manufacturer of full responsibility.
• Expiration of Warranty: The manufacturer could argue that the product was out of warranty when the defect occurred, and thus they are not liable for any issues arising after the warranty period.
• Comparative Negligence: The manufacturer may assert that the consumer's actions partially contributed to the harm, potentially reducing the liability in jurisdictions where comparative negligence is applied.
• No Proof of Defect: The manufacturer might challenge the existence of a defect, asserting that the product met all safety and quality standards at the time of sale.
• Compliance with Industry Standards: The manufacturer can defend itself by showing that the product adhered to all relevant regulations and industry standards at the time it was produced.

Example

If a consumer purchases a washing machine that leaks water during operation, leading to damage to their home, the manufacturer might defend against a defect claim by arguing:

• The washing machine was not installed properly, which caused the malfunction (product misuse).
• The machine was altered or repaired by an unauthorized technician, voiding the warranty (alteration after sale).
• The consumer continued using the washing machine despite noticing the leak, assuming the risk of further damage.