Defective Product Liability Defenses
Mar 29, 2017 - Personal Injury
There are several different ways in which a company will attempt to defend itself if one of its products has harmed someone. We understand these defenses and what is needed to show they do not apply. Contact an Allentown injury law attorney at Drake, Hileman & Davis, PC today to discuss any injuries you may have suffered from an unsafe or defective product.
What is a Defective Product Liability Defense?
In a courtroom each party attempts to prove (or disprove) certain facts. For example, the plaintiff party will try to show that the company that manufactured or distributed the product knew (or should have known) that the product was unsafe for its intended purpose. On the other hand, the defense party will try to show that something or someone else was the cause of the injury in question.
We work for the injured. It is our job to ensure that you and your family get the compensation that they deserve for the injuries that you have suffered. We believe that your family’s safety should always be placed in front of corporate profits and that is why we fight hard for you.
What Are the Different Types of Defective Product Liability Defenses?
There are several major defective product liability defenses. Each has a unique legal attributes that the attorneys at Drake, Hileman & Davis, PC have dedicated their careers to understanding. Below is a summary of those defenses. Contact us today if you have any questions or concerns.
- Statute of Limitations. Courts and legislatures have found that it is just too difficult to litigate cases about accidents that occurred too far in the past. Therefore, the law imposes a statute of limitations on when a defective product liability claim may be brought. Unfortunately, those suffering from serious and very real illnesses or injuries wait too long to bring their claims and find themselves barred. This is why it is very important that you contact us as soon as possible to discuss your case.
- Substantial Change(s). The company that manufactured or distributed the dangerous or defective product may try to demonstrate that substantial change occurred to the product after the product left the company. The defense reasons that the substantial change so modified the product that it is impossible to demonstrate that the product, as it was manufactured or distributed, caused the injuries.
- Assumption of Risk. The assumption of risk argument is that the injured party knew, or should have known, that the product in question was dangerous but that the injured party used the product anyways. The defense will argue that the injured party accepted the risk and that the defense should not be liable for the injuries caused by that risk.
- Contributory or Comparative Negligence. These types of defenses rest on the idea that the injured party acted negligently and therefore is either completely or partially responsible for any injuries the product caused.
- Another Cause. Here the defense simply tries to prove that something other than the product in question caused the injury. For example, if the plaintiff is claiming that tire caused his or her injuries the defense will argue that it was another car that was responsible.
There are other defenses that may be raised. Defective product liability cases can be extremely difficult and it is important that you seek competent legal advice. Call us today at 888-777- 7098.
Drake, Hileman & Davis, PC
The Allentown injury law lawyers at Drake, Hileman & Davis, PC are dedicated to getting those injured by defective and dangerous products the compensation that they deserve. Contact us today by calling 888-777-7098. We can discuss your claim and your rights and options under the law.