Common Defenses In A Product Liability Case

When a product is sent and sold to the market, there is always an assumption that it has been tested and hence safe for use by customers. However, while majority of the products are free from any risk, some defective products still find their way into the market. According to the website of Karlin, Fleisher & Falkenberg, LLC, when this happens, customers can sustain serious injuries or even get killed.

While customers have the right to sue the manufacturer for selling a dangerous product, the manufacturer will not just give in and give the customer a tough legal battle. The defense will map out several defensive strategies, the following are the most common defenses they will use:

1. Assumption of Risk

If the plaintiff is aware that the way they will use the product could result to injury or malfunction, the defendant could leave the lawsuit unscathed based on the defense of “assumption of risk.” In contrast to contributory or comparative negligence where the customer is not aware of the possible results of their negligence, there lies the difference with assumption of risk.

2. The Statute of Limitations Has Expired

Another common defense of the defendant has to do with the statutes of limitations. They can prove in court that the plaintiff filed the case after the expiration of the statute of limitations.

3. Misuse and Alteration

A manufacturer may be freed from liability if the use of the product was contrary to express and adequate instructions or warnings that come with the products. In addition, the manufacturer can also defend themselves from liability when the product has already been altered after leaving its hands.

4. Breach of Warranty

The defendant may not be held liable if the plaintiff was unable to provide them with proper notice or if the warranty was disclaimed. So if the plaintiff agreed with the defendant at the time of purchase that the warranty was not applicable, the defendant is acquitted of liability.

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