Have you or are you considering filing a product liability lawsuit after being injured by a defective product? Here are some of the possible defenses you might come up against and how to get help fighting for your right to fair compensation.
You Agreed to the Risk
If the product is known to be associated with injury or was labeled as such, the defendant may argue that you assumed the risk and the damages you incurred are not their responsibility.
You Did Not Follow the Instructions for Proper Use of the Product
If you were injured while using the product in a manner inconsistent with the instructions for appropriate use, the defendant may try to blame you by suggesting their product was never intended to be used in the way that resulted in injury and therefore not their fault.
The Product Was Not Defective or Faulty
The defendant may try to argue that you are wrong about the product being faulty or defective in some way. For example, if the injury you incurred and/or the manner in which it was incurred was unforeseeable, the defendant may contend that no change in the design, assembly, or instructions could have prevented the injury.
The Product Did Not Directly Cause Your Injury
If you have preexisting health conditions or a past injury, the defendant in your case may try to argue that these are the cause of your current symptoms and their product did not cause your injury. Or, they may suggest that the product did not directly cause your injury, and another person or object during the incident is what hurt you.
The Product Did Not Cause Damages
If the product was defective and harmed you in some way, but did not result in damages, the defendant may argue that there’s not really a case to be won. For example, if a medication caused you to become ill but the illness was, mild or shortlived and you did not require medical treatment, the defendant may argue that there are no real damages to pay.
When to Contact an Experienced Product Liability Lawyer
If you or someone you love were harmed by a defective or faulty product, you may have the right to financial compensation for the damages you and your family have suffered. Contact David May today for a consultation to learn more about your legal options at 407-647-0008.