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Defenses raised in a products liability action

On Behalf of | Mar 17, 2023 | Product Liability, Tort Litigation

Companies have a legal responsibility to design, manufacture and/or market products that are safe, and when a consumer is injured by an unsafe product, they can hold the responsible parties liable for their damages. When stories about these product liability lawsuits appear in the news media, it’s common for the public to take the consumer’s side. However, the companies have a right to a defense.

It is possible to assert a defense when a product liability action is filed and names your company as the responsible party.

Unsafe products

Unfortunately, some products are dangerous and cannot be made any safer without compromising their use and purpose. Manufacturers are aware of this, which is why the take the time to properly warn consumers of the dangers and risks that the product poses.

Whether this warning was present or not and whether the product was deemed safe or unsafe, an injured consumer could file a product liability action against a manufacturer. This does not automatically place liability on the manufacturer, as they can assert a defense against the claim.

Defense for products liability actions

A common defense raised in a products liability case argues that the injured party did not identify the correct party. The plaintiff must properly identify the manufacturer or supplier connected to the product that caused them injury. If they are unable to do so, this defense could be raised.

Another defense is that the plaintiff altered the product substantially, and these alterations were the cause of their injury. Similarly, a manufacturer could raise that the injured party misused the product in an unforeseeable way, resulting in the alleged injuries.

A products liability action against your company can be a complex legal matter. Thus, it is important to understand your situation and the legal options available to you. By raising a strong defense, you could work through the matter successfully.