Defenses to Defective Product Liability

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Defenses to Defective Product Liability

If a consumer has been injured by a defective product, then the defendants (manufacturer, repairer and/or seller) will probably argue that the injury was not caused by the defect. The defenses that apply depend on whether the products liability claim is based on strict products liability or on negligence.

What Defenses Can Be Used against a Defective Product Liability Claim?

Some of the common defenses against product liability claims are:

Since there are three different kinds of product liability claims that could be brought in defective product cases (negligence, breach of warranty, and strict liability), not all defenses listed above may work to defeat each claim. Some defenses work for negligence claims, but do not work for strict liability claims.

Do I Need a Personal Injury Lawyer?

If you are a manufacturer, wholesaler, retailer, or distributor who is facing a defective products liability claim because you manufactured, sold, or distributed a defective product, you should speak to a personal injury attorney immediately to learn more about preserving your rights and remedies.

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Last Modified: 11-18-2014 03:56 PM PST

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