When a defective product has injured you it can be daunting to go up against a large company with high-powered attorneys and unlimited resources. Our product liability lawyers at Stanley Law Offices are well-versed in taking on these entities and helping clients recover the maximum compensation they deserve.
We understand the tactics insurance companies employ in these types of cases and are familiar with the product liability defenses that manufacturers often try to engage. Joe Knows what you’re up against and shares some common defenses that you should be aware of when involved in a personal injury claim.
Types Of Product Liability Claims
A product liability claim may be based on strict liability, negligence, or breach of warranty. Defense strategies vary depending on the type of case and laws that are specific to the jurisdiction in which the claim has been filed. A particular defense may refute one type of claim but not by another.
Strict liability means that the defendant is potentially liable, regardless of whether they were negligent or intended to do any harm.
Negligence is based on the premise that the defendant(s) had an obligation to exercise reasonable care in the design, manufacturing, or sale of a product and did not fulfill that obligation, resulting in the plaintiff being injured.
Breach of warranty means that a particular product failed to perform in a specific way or to meet a specific standard, leading to a plaintiff being injured.
Common Types Of Product Liability Defenses
A Design or Defect Did Not Cause A Victim’s Injuries
In a case where a plaintiff alleges that a product’s design or defect caused their injury, lawyers often counter with the defense that another factor was the cause of the plaintiff’s injuries. To successfully employ this defense, they may argue that how the injury was caused could not be predicted. Therefore, the injury couldn’t be prevented by design or warning. It takes true grit to win a case. A good personal injury lawyer may counter this by demonstrating that the event leading up to a plaintiff’s injury was predictable and preventable, either by design or warning.
The Plaintiff Was Also Negligent
This defense falls under the legal umbrella of comparative or contributory negligence. This means that if a plaintiff’s negligence contributed to the accident, the defendant might not be liable for all or some of the damages. This rule can usually be applied to all three types of product liability claims. For example, if an injured plaintiff used a product in a manner that wasn’t intended or predictable, they may be partially liable, even if the product was defective in some way.
The Injured Party Assumed The Risk
If a plaintiff is aware that how they use a product could lead to malfunction or injury, a defendant’s attorney may claim that the plaintiff’s carelessness led to negligence. In simpler terms, disregarding a known risk means that you have assumed the risk of using the product improperly.
Expired Statues Of Limitations
All personal injury claims have an expiration date. If a claim is brought after the statute of limitations has passed, it most likely gets thrown out by a judge. However, there are exceptions to this rule, especially when it involves birth injuries or other medical malpractice. Because you never know what’s just around the corner, a qualified personal injury attorney can determine whether or not you have a viable claim, even if the statute of limitations has expired. If you do have a valid claim, your legal team is there for you every step of the way.
Contact Us To Learn More About Common Product Liability Defenses
The Team at Stanley Law understands that you need and deserve the Maximum Reward for your injuries and losses. We’ll leave no stone unturned in our pursuit to recover compensation for you. If a defective product has injured you, don’t go it alone, phone us today at 866-553-7125 or 800-372-3760, or contact us online. Our offices are conveniently located in Syracuse, Binghamton, Watertown or Rochester, New York, and Montrose, Pennsylvania. Se habla español.