Filing a Product Liability Lawsuit? Be Prepared for These Common Defenses

By Ferrara & Gable | April 26, 2022

Product liability claims can be complex and difficult to pursue. There are a number of defenses that the defendant in a product liability case may use, and it can be tough for the victim to overcome them. That is where product liability attorneys come in.

These attorneys have the experience and knowledge necessary to help victims pursue compensation for their injuries. Below we will discuss the top five defenses used in product liability cases, as well as how product liability attorneys can help victims overcome them.

The Most Common Defenses to Product Liability Cases

The first defense that we will discuss is the doctrine of comparative negligence. This doctrine allows the defendant to argue that the victim was partially at fault for their injuries. In order to succeed with this defense, the defendant must prove that the victim was aware of the risks of the product and used it anyway. This can be difficult to do, but product liability attorneys have experience dealing with this defense.

The second defense is the doctrine of assumption of risk. This allows the defendant to argue that the victim knew of the risks of the product and still decided to use it. This defense can be difficult to overcome, but product liability attorneys will know how to best address the challenge.

The third defense is the doctrine of product misuse. This allows the defendant to argue that the victim used the product in a way that was not intended. To succeed with this defense, the defendant must prove that the victim was aware of the risks of using the product in the way they did. This can be difficult to do, but product liability attorneys will know how to deal with it.

Different Types of Defective Product Cases

There are a number of different types of product liability cases. Some common examples include:

  • Defective design: This occurs when the product is defective because of its design.
  • Manufacturing defects: This occurs when the product is defective because it was not manufactured properly.
  • Marketing defects: This occurs when the product is defective because it was not marketed properly.

The Manufacturer’s Duty

The manufacturer of a product has a duty to make sure that the product is safe. This includes making sure that the product is designed properly, manufactured properly, and marketed properly. If the manufacturer does not do this, they may be held liable for any injuries that occur as a result of their negligence.

The Value of a Product Liability Attorney

Product liability attorneys can help victims of defective products pursue compensation for their injuries. They have the experience and knowledge necessary to deal with the defenses that the defendant may use. They also know how to investigate product liability cases and build a strong case for their client.

For years, the attorneys at Ferrara & Gable have been helping victims of defective products in New Jersey as they fight for fair compensation for their injuries. Contact Ferrara & Gable today for a consultation on your unique case.

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Posted in Product Liability