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What defenses are used in a products liability case?


This blog devotes a significant amount of space to the subjects of defective products, manufacturing and design defects, and product recalls and how they can all be extremely harmful to consumers. If you have been hurt by a defective product, then you likely have damages that you would like to recoup. Though we have talked about some strategies related to how to recover losses, it may be just as beneficial to discuss possible products liability defenses. After all, knowing what you may be up against is one of the best ways to know how to attack.

One of the most common defenses to a products liability claim is to assert that the victim used the alleged defective product in a way that it was not intended or foreseeable by the manufacturer. By claiming this, a defendant is saying that the fault rests with the victim because he or she disregarded his or her own safety by using the product in a way that it was not designed.

Another defense is that the victim was negligent when using the product or he or she assumed the risks associated with using the product. For example, an individual who buys a butcher knife assumes the risk of cutting him or herself during routine usage. Yet another defense is that a victim unjustifiably relied on a company's statement about a product, which caused the damages claimed.

By analyzing which type of defense a negligent company may employ, you may be able to more adequately create a legal strategy that advances your stance. However, each claim and defense has its nuances, and it is therefore often beneficial to consult with an experienced attorney who can help you navigate the legal waters.

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