Common Product Liability Defenses (NY) | Practical Law

Common Product Liability Defenses (NY) | Practical Law

A Standard Clause providing model language for common defenses to assert in an answer to a product liability complaint under New York law filed in state or federal court. This Standard Clause has integrated notes with important explanations and drafting tips. It sets out sample language for the following defenses: assumption of risk, bulk supplier doctrine, common knowledge, comparative fault, compliance with government or industry standards, component part manufacturer, idiosyncratic or allergic reaction, knowledgeable or sophisticated user, learned or sophisticated intermediary, open and obvious danger, product alteration, product misuse, sole proximate cause, state of the art, superseding cause, and unavoidably unsafe products. Counsel should integrate the applicable defenses into a formal answer for the relevant jurisdiction and tailor the facts of each defense to the facts of the case.

Common Product Liability Defenses (NY)

Practical Law Standard Clauses w-021-6235 (Approx. 18 pages)

Common Product Liability Defenses (NY)

by Practical Law Commercial Litigation
MaintainedNew York
A Standard Clause providing model language for common defenses to assert in an answer to a product liability complaint under New York law filed in state or federal court. This Standard Clause has integrated notes with important explanations and drafting tips. It sets out sample language for the following defenses: assumption of risk, bulk supplier doctrine, common knowledge, comparative fault, compliance with government or industry standards, component part manufacturer, idiosyncratic or allergic reaction, knowledgeable or sophisticated user, learned or sophisticated intermediary, open and obvious danger, product alteration, product misuse, sole proximate cause, state of the art, superseding cause, and unavoidably unsafe products. Counsel should integrate the applicable defenses into a formal answer for the relevant jurisdiction and tailor the facts of each defense to the facts of the case.