One good defense against strict product liability is that
the goods were altered
after they were sold.
Halogenics, Inc., manufactures a medical device that is heavily regulated by the government and has to
undergo a rigorous pre-market approval process. Halogenics can use the following defense if it is sued:
Assumption of the risk is a viable defense in a product liability action.
Monsanto mails registered letters, sends e-mails, and places ads in local newspapers where it sold a
defective weed killer. Huntington knows of the recall but ignores it, applies the weed killer to his crops,
and suffers damages. Which defense can Monsanto use at trial?
Product misuse obviously occurs when a product is used for a purpose other than
what it was intended for. The courts recognize this defense in almost all lawsuits