Product liability claims arise when a consumer is injured using a product. This can include everything from food to medical devices or baby toys. For manufacturers or store owners, defending against these types of claims is important, as not all of them are valid. When someone does have to defend against a product liability claim, there are a few different defenses they can use, depending on the specific situation.
Seek Help Before Attempting
It is crucial for anyone needing to defend against this type of claim to seek legal assistance as soon as possible. Along with assisting in finding the right defense, a lawyer can help make sure deadlines are met, discover new evidence that can be used, and more. Without the right help, it may be far more difficult to defend against the claim and the person has a much higher risk of losing and being required to pay compensation to the injured person. Those who may need to fight this type of claim can visit cbpw-law.com now to learn more.
Show Contributory Negligence
In some cases, a customer may use a product in a way that’s unintended or fail to use recommended measures to remain safe. This is considered contributory negligence, as the consumer had a part in causing their own injury. This could be like when someone is using knives intended for food prep as throwing knives, injuring themselves in the process. Though it is possible to be injured by a knife while cooking, basic safety precautions can help prevent this. Using them in a way that they’re not intended heightens the risk of injury. Since the customer failed to take their own safety into account, they contributed to the potential for injuries to occur and may be held partially liable for any resulting injuries.
Show the Product Was Altered
Products are intended to be used as designed, and altering them in any way can lead to injuries. A consumer purchases a motorized toy car designed to safely navigate fields and parks. They then alter it by changing the wheels for larger ones and giving it a bigger battery for more power. If they or their child is then injured, the manufacturer may not be liable. The product was safe when used as intended, but since it had been altered, there is no longer a guarantee of safety.
Show Injury Was Unrelated
It does happen that consumers are injured and then try to place the blame on a product so they can receive funds to cover medical costs. This can be more difficult to prove because it involves showing that the injuries were unrelated to the use of the product. If someone is injured and breaks a bone, it may be possible to prove that the injury couldn’t have occurred at the time stated by the injured person because of where the bone is in the healing process. These cases need to be handled carefully to find and use evidence showing that the injury couldn’t have happened as stated.
As a manufacturer or store owner, it’s important to understand how product liability cases occur and what can be done to defend against them. The first thing to do when receiving a claim for this is to speak with a lawyer and get the right help to defend against the case.
