Common Defenses Used by a Product Liability Lawyer in Honolulu, HI

by | Sep 20, 2019 | Lawyers


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Product liability refers to the responsibility of manufacturers to produce goods that are safe for use and work as intended. If a consumer is injured by a product, its manufacturer should immediately find a product liability lawyer in Honolulu, HI who can help the company come up with a good defense strategy. Read on to find out about a few strategies used to defend clients against product liability suits.

Assumption of Risk

If a consumer knows that there are risks associated with using a product and chooses to use that product anyway, they assume the risk. When this is the case, the plaintiff will not be able to recover damages.

Unforeseeable Use

Product designers and manufacturers can only be held liable for injuries if they occur during regular use. If the lawyer can prove that the plaintiff misused the product in a way that the manufacturer could not have foreseen, the manufacturer will not be held liable for any injuries that resulted from the misuse.

Substantial Change

If consumers alter their products and that alteration leads to their being injured, the consumers themselves are responsible for their injuries. In these cases, the product’s designers and manufacturers may be relieved of liability.

Other Cause

When none of the above-listed circumstances apply, a product liability lawyer in Honolulu, HI might mount an “other cause” defense. They can then argue that a superseding cause or unforeseeable circumstance explains the plaintiff’s injury. If the court determines that the product’s manufacturer is still partially liable for the injury, the company may still have to pay some damages to the plaintiff.

Expired Statute of Limitations

In most cases, plaintiffs have around three years to file product liability lawsuits. If they don’t take action within that period, the case should not go to trial. A product liability defense lawyer will explain options to their client if the statute of limitations has already expired.

Get Help Now

Facing a product liability suit or mass tort litigation and know that it’s time to seek legal advice? Contact Goodsill Anderson Quinn & Stifel to schedule an initial consultation. Defendants can visit the website to learn more about the firm before attending their first meetings with their lawyers.

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