What if a product you bought injured you or damaged your property or means? What if it made you or someone you love sick? This is a dreadful situation.
Just because someone created a product and put it onto the market doesn’t mean they should get a free pass when someone is affected negatively by that product.
What if, however, you are the seller and you are accused of having a faulty product? How would you defend yourself? There are various product liability defenses available to you.
To learn more about how to defend yourself in a product liability claim, keep reading.
1. Assumption of Risk
Assumption of risk is a common product liability defense that is based on the notion that individuals are responsible for their own actions and the consequences that may result from those actions. When a person purchases and uses a product, they are assuming the risks associated with that product.
This means that if the product is used in a way that is not intended or if the individual is aware of any potential risks and still chooses to use the product, they cannot hold the manufacturer or seller liable for any resulting injuries or damages. This defense is often used in cases where warning labels and instructions are stated on the product. It emphasizes the importance of personal responsibility and can be a strong defense in product liability lawsuits.
2. Lack of Causation
The defense argues that the alleged injury or damage was not caused by the product in question and that other factors may have contributed to the incident. For example, a company may argue that the individual did not use the product or that the injury was caused by a pre-existing condition.
Lack of causation can be a difficult defense to prove, as it requires a thorough investigation and evidence to support the argument. However, if successful, it can help companies avoid liability and save them from expensive settlements or judgments.
3. Comparative Negligence
This occurs when the plaintiff handles their own injury due to their own negligence or failure to follow instructions. In such cases, the defendant can argue that the plaintiff’s own product liability action contributed to the injury. Thus, they should be held responsible.
This defense can reduce the amount of damages awarded to the plaintiff. It is crucial to hire a commercial claims defense attorney to investigate and gather evidence. This is to prove comparative negligence to defend their client against product liability claims.
Ultimate Guide to Product Liability Defenses to Consider
Understanding common product liability defenses can play a crucial role in protecting businesses and manufacturers from legal action. By evaluating each potential defense and gathering evidence, companies can better defend themselves against product liability claims.
Consult with a legal professional to discuss strategies and decide the best course of action for your specific situation. Don’t wait until it’s too late, take action today and protect your business from potential product liability issues.
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