TechHome manufactures smart thermostats and sells them to UrbanStore, a nationwide retailer. UrbanStore distributes the thermostats to consumers without altering them. A consumer experiences an electrical malfunction that causes a fire, resulting in property damage and personal injury. The consumer sues TechHome for the defects in the thermostat. Which defense is TechHome most likely to assert?
TechHome can argue lack of control over the distribution process by UrbanStore, thereby limiting their liability. This defense is appropriate because the defect occurred during distribution, over which TechHome did not have direct control. Other defenses like assumption of risk or comparative negligence are not applicable as they pertain to the plaintiff's actions rather than the manufacturer's distribution process.
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