Most states apply comparative fault to strict liability product claims, reducing recovery by the plaintiff's share. Some limit the defense to specific conduct such as knowing use of a defective product.
Ordinary contributory negligence is excluded in some jurisdictions.
Alternative Names:
Comparative Fault in Product Cases, Products Comparative Negligence
Why it Matters?
Which plaintiff conduct counts is the contested question, since several jurisdictions bar reduction for ordinary failure to discover a defect while permitting it for knowing encounter with a known danger. That distinction determines whether inattention reduces recovery or only deliberate risk-taking does. Framing the plaintiff's conduct as knowing encounter rather than carelessness is what fits the narrower formulation.
Frequently Confused with
Related terms
Frequently asked questions
What plaintiff conduct reduces recovery?
How should the conduct be framed?
