The concept of defending the product liability came to avoid paying for any personal damages caused by the company’s product. Many people get injured by certain products without any fault of their own. In this situation, they are not bound to pay the medical bills. Rather they can claim the product liability.
Reputed law firm has experience in dealing with such cases. Companies can defend against this claim with proper strategies. But before getting into the companies’ defense strategies, let’s talk about what product liability is.
What is a Product Liability Claim?
A product liability claim can be the reimbursement of the money spent for the injury caused by a product. Defense to product liability claims tries to prove that the victim of the damage caused has no ground to hold the defendant accountable. All these claims and defenses depend upon certain specificities as personal injuries fall into three categories.
- Strict Liability – In this case, the victim’s case directly addresses the product because the product was defective. The injury is caused by defective manufacturing, defective design, or improper packaging.
- Breach of Warranty – This claim is based on the binding agreement of the defendant and the plaintiff. This case can be filed when the defendant fails to uphold the contractual responsibilities and is caused by injury.
- Negligence- This case also deals with the defective manufacture or design, emphasizing the action of the company that manufactures it.
What are the Common Product Liability Claim Defense Approaches?
Situations of liability claims are different in different cases. But the companies’ main protocol to defend the product liability claim is by proving they are not at fault for the damage caused. Competent lawyers can help one put up robust defenses. Certain defenses are discussed below that can be addressed against the product liability claim.
Misuse and Assumption of Risk
The manufacturer can not be liable for the injury if that happens due to misuse. The manufacturer is only responsible for making products that are safe to use. If any injury is caused by the negligence or misuse of the victim, the company may argue, taking that in context. Another point is if the product contains any dangerous components, the user should be cautious. The user should be aware of the danger and take proper precautions.
The company’s defense attorney can argue that once the product is delivered, it is no longer the responsibility of the manufacturer because, after the delivery, modifications are made by the users that may affect its safety. Manufacturers may state a point that the modifications were so extreme that they led to the injury, and they are not responsible for it.
Limitation of the Claim
The personal injury claim should be filed within two years of the date of occurrence. If the claim is not filed within the said time frame, even if the injury stays, the defendant will not be responsible for it. This is a valid and strong point to defend.
Lack of Standing
The right to sue for the damages needs to be shown to the court. In negligence and strict liability cases, the claim may be strong as anyone can be injured. But in the breach warranty claim defense has a strong point that anybody out of the contract cannot sue for breach. But in the case of comparative negligence, damages can be shared. That is, both the defendant and the plaintiff will take half of the liability.
Employing a professional lawyer is necessary to claim a refund of the damages if the manufacturer is at fault. Lawyers from the manufacturers’ end must be ready to counter these claims and avoid paying for the damages. True products liability law attorney experts have experience in these cases, so make sure you reach out. The attorneys will be helped by greated medical record review companies to get it done in fraction.