What are the three defenses to strict liability which defendants use?

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1291293

2026-08-26 01:25

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The three defenses to strict liability that defendants may use are:

  1. Assumption of Risk: The defendant can argue that the plaintiff knowingly engaged in an activity that involved inherent risks, thereby assuming those risks.
  2. Product Misuse: If a plaintiff uses a product in a manner not intended or warned against by the manufacturer, the defendant can claim that the misuse contributed to the injury.
  3. Comparative Negligence: In some jurisdictions, a defendant may assert that the plaintiff's own negligence contributed to the harm, potentially reducing or eliminating liability.

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