Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

Targets of product liability claims may mount a strong defense

On Behalf of | Aug 25, 2019 | Product Liability |

Injuries suffered from a defective product can range from minor to catastrophic to fatal. Families all across the state of Florida are unfortunately familiar with the devastation these faulty products cause. If a product liability claim fails to provide victims with a remedy, they may continue suffering for the rest of their lives.

We bring up these uncomfortable topics because we want to prepare you for the way defendants in a product liability claim may respond. When you understand how manufacturers defend against such claims, you have a better chance of building the strongest case possible. Below you will find three common defenses manufacturers mount when they face a liability claim.

Product misuse: Product liability defendants often try to show that a victim did not use the product as intended, resulting in injury. Their lawyers will probably show the court that the product’s label contained specific instructions for its proper use. You and your attorney can respond in kind by offering proof that you used the product properly.

Product alterations: Another way manufacturers try to avoid losing a claim is by arguing that the victim altered the product in some manner. However, they must provide proof that such an alteration occurred. Your legal team can counter these arguments by showing the court that you made no alterations.

Unidentified parties: Finally, companies named in a product liability claim often try to prove that victims cannot identify the party truly responsible for their suffering. Fortunately, injury attorneys are very familiar with this defense and know how to identify all responsible parties.

While there is never a guarantee of success in a product liability claim, good preparation on your part and your lawyer’s part often makes all the difference. Please continue exploring our website and our legal blog for more information about these and other topics.

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