The defendant has successfully defended against a product liability cause of action. Can the plaintiff still prove the defendant was negligent?
1. Yes, the defendant could have used the product in a negligent manner.
2. No, the defense against product liability precludes a negligence case.
3. The two defenses are not related in any manner.
4. No, the plaintiff can only bring one suit or the other, but not both.
1
Rationale: Proving that a product was not the cause of the patient's injury does not indicate that the defendant used the product correctly. If the defendant misused the product, that could be seen as a negligent act.
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