Defenses and Affirmative Defenses
Product and Tort Defenses
A manufacturer is generally not liable where a substantial alteration after sale caused the harm and the alteration was not reasonably foreseeable. Removal of guards and safety devices is the common scenario.
Foreseeable alteration does not defeat liability.
Alternative Names:
Substantial Alteration, Modification Defense
Why it Matters?
Guard removal is the recurring fact pattern and the defense frequently fails because manufacturers knew guards were commonly removed to increase production speed, which makes the alteration foreseeable. Evidence that the manufacturer designed against removal, warned about it, or made removal difficult supports the defense. Where internal documents acknowledge the practice, the defense is substantially weakened.
Frequently Confused with
Related terms
Frequently asked questions
Why does the guard removal defense often fail?
What supports the defense?
