A person injured by a defective product is not automatically eligible to receive compensation from the manufacturer of the product. Most companies have entire legal teams dedicated to fighting product defect claims, making the battle for a fair settlement an uphill one. The article below discusses a variety of common defenses to Product Liability in Lafayette LA.
The Claim Type May Determine the Validity of the Defense
There are three types of product liability cases: warranty breach, negligence, and strict liability. Certain defenses may work on some types of claims but not on others. For instance, the assumed risk defense may work on a warranty breach or negligence claim, but not on strict liability claims. This issue is discussed in more detail in the sections below.
The Defect or Design Didn’t Cause the Injury
Defendants may argue the plaintiff’s injuries weren’t caused by Product Liability in Lafayette LA. For the defense to be used successfully, a defendant must argue that the injury occurred in an unpredictable way that couldn’t have been prevented. For instance, if someone is shoved and burns themselves on a stove, the judge would likely find that the shove led to the injury, not the hot stove. This type of defense can work with any product liability case.
The Plaintiff’s Negligence
There’s some variation on how the comparative or contributory negligence rules are applied, but plaintiffs arguing negligence generally have a hard time winning a product liability case. If a plaintiff’s negligent behavior contributes to an accident, they and their attorney will receive reduced or no damages. The rule applies to breach of warranty or negligence claims and to strict liability claims in most areas. Depending on the jurisdiction, product misuse can be treated as comparative or contributory negligence, absolving the defendant of liability.
If a plaintiff knows that their use of a product can lead to failure or injury, the defendant may prevail under the assumed risk defense. This particular defense works in warranty breach and negligence cases, and some jurisdictions allow it in strict liability claims. The team at chrisrichardattorney.com can provide more details.