Common Defenses in a Product Liability Case

If a consumer has been injured by a defective product, the defendant, who may be a manufacturer of the product, can argue that the injury was not caused by the defect. There are three main types of product liability claims: negligence, breach of warranty and strict liability. One defence may work to defeat one kind of claim but not another. The following are some common defences in a product liability case based on strict products liability or negligence:

Assumption of the Risk

If the claimant was aware of the risk involved in using the product,was ready to accept the risk, and was injured as a result, he or she will be prevented from receiving recovery. The evidence for the product liability must show that the claimant knew of the risk involved and disregarded the danger and risk that caused his or her injury.

Substantial Change Defence

If the claimant made an adjustment or modification to the product, and if the modification of the product was what caused the injury, then the manufacturer could be relieved from liability since the cause of the injury was not the manufacturer’s fault. Only unanticipated and unforeseen modifications to the product by the consumer can relieve the manufacturer of liability. If the manufacturer anticipated that a consumer could modify the product, then the modification would not relieve the manufacturer of liability.

Contributory Negligence

In some states, if the claimant contributed to his or her injuries in any way, he or she may be barred from any recovery. In other states, if the claimant contributed to his or her injuries, the extent of fault would reduce the recovery.

Statute of Limitations Expired

The statute of limitations period is the time in which the claimant can file a claim in court and start the lawsuit. It usually expires within 3 years. The defendant can argue that the available time that the plaintiff had to bring the personal injury claim has expired.

Other Causes

The defendant can also argue that there were other factors that caused the plaintiff’s injury, and attempt to prove that their product or design was not the actual cause of the claimant’s injury.