Home » Personal Injury Law » Product Liability » Defenses to Product Liability Suits

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.


Related Product Liability Articles