Opal is working on a construction site when she is injured on the job in the collapse of a Plank Company-made ceiling beam. At the time, Opal is not wearing any safety gear. In Opal's product liability suit against Plank, the company can most successfully raise the defense of
A)preemption.
B)inadequate warning.
C)comparative negligence.
D)product misuse.

Question

Quizplus · Accepted Answer

Comparative negligence can be a successful defense in this scenario because it involves the injured party (Opal) having potentially contributed to her own injuries by not wearing any safety gear, which is a standard safety protocol on construction sites. This defense argues that the damages should be reduced based on the plaintiff's share of fault.

Opal Is Working on a Construction Site When She Is