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What are some common defenses against product liability claims?

The success of retailers, manufacturers and distributors depends on the performance and reputation of their products in the marketplace. This makes properly mitigating the outcome of product liability claims essential to business.

With help from an experienced civil defense lawyer, you can explore possible strategies for dealing with consumer injury claims. In most cases, the defense you choose will depend on the unique factors of the situation. 

Just as there are several arguments in favor of product liability claims, there are defense strategies to argue against liability. Some commonly-used defenses to defective product liability are listed below.

  • Assumption of risk - Plaintiff was aware of and willing to accept the risk associated with using the product, and was injured as a result
  • Modification or misuse of product - Plaintiff misused or altered the product in a way that was not foreseeable to the manufacturer, and injuries were caused by this change
  • Contributory negligence/comparative fault - Plaintiff negligence contributed to the injuries, which can prevent or reduce recovery depending on the state
  • Other cause of accident - The product was not the cause of the plaintiff's injuries, it was some other factor
  • Statute of limitations - The time period for the plaintiff to start a personal injury lawsuit has expired

As stated previously, the defense strategy used in your case will vary depending on many factors, including the circumstances of the accident and the argument that is being used by the plaintiff. Consult with an experienced attorney to ensure your rights and reputation are protected.

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