Final answer:
A manufacturer can defend against a product liability claim with the 'State of the Art' defense, 'Assumption of Risk', or 'Product Misuse' defense, but these may not be effective if there is evidence of knowing sale of defective products.
Step-by-step explanation:
When a claimant succeeds in proving a safety defect exists in a product, a manufacturer may utilize several defenses. In such situations, there are three commonly recognized legal defenses a manufacturer might assert:
- State of the Art Defense: The manufacturer may argue that the product was in line with the technological and safety knowledge available at the time of production.
- Assumption of Risk: This defense is used when the manufacturer can show that the user knew the product was hazardous and willingly took the risk.
- Product Misuse: If the product was used in a way that it was not intended to be used and that misuse caused the injury, this could absolve the manufacturer of liability.
However, in scenarios such as the counterexample given where a manufacturer knowingly sells a defective product, these defenses may not hold, especially in cases of prior knowledge of a defect that is likely to cause harm.