What might be a defense for negligence?

Answer 1

Defendants often defend against negligence by asserting that the plaintiff failed to prove the existence of one or more of the required elements for negligence. Additionally, there are three basic defenses in negligence cases: (1) assumption of risk ( A plaintiff who voluntarily enters into a risk situation )(2) Superseding cause, and (3) contributory and comparative negligence.

Answer 2

The defendant must show that (i) the plaintiff knew and appreciated the risk created by the alleged product defect, and (ii) the plaintiff voluntarily assumed the risk, even though it was unreasonable to do so. For example, I use a beta computer software program which is clearly labeled and required to be "checked off" as such, and my data is forever destroyed due to a bug in the beta program. The defendant must show that (i) the plaintiff was using the product in some way for which it was not designed, and (ii) the plaintiff's misuse was not reasonably foreseeable to the defendant, such that the defendant would be required to safeguard against it. For example, I purposefully stand on a trash can to change a light bulb, it caves in, and I am injured. The defendant must show that the plaintiff's injury resulted from a danger so commonly known by the general public that the defendant had no duty to warn plaintiff. For example, using a knife. If a particular danger is or should be commonly known by particular users of the product, the manufacturer need not warn those particular users. For example, an electrician using commonly used electric connectors and related materials.

Answer 3

Unfortunately that question cannot be answered without specific details of the possible pending suit/trial. There are many forms of negligence and likewise several possible ways for the defendant to create a valid defense to the charges.