Defenses to Defective Product Liability
What are Some Common Defenses to Defective Product Liability?
If you have been injured by a defective product, then most likely the defendants (manufacturer, repairer and/or seller) will argue that your injury was not caused by the defect. Rather, the defendants will try to show that your own negligence or lack of care caused the injury, so you cannot recover damages for your injuries.
Alternatively, the defendants may try to argue that you were not using the product in its intended manner, and as a result you were injured. In order to succeed in your personal injury claim arising from a defective product, you must demonstrate that you were using the product in a reasonably foreseeable manner, and a defect in the product caused your injury.
Finally, the defendants can claim that you knew about the defect but continued to use the product anyway, and therefore you have given up your right to claim damages for your injuries. To support this defense, the defendants may show that you owned the product for a long period of time and/or used the product in such a way that you had to know about the defect while you were using the product.
Do I Need a Personal Injury Lawyer?
If you or a loved one have been injured by a defective product, you should speak to an attorney immediately to learn more about preserving your rights and remedies. Certain defective products may be part of a class action lawsuit.
Consult a Lawyer - Present Your Case Now!
Last Modified: 04-10-2013 03:05 PM PDT