Products Liability Newsletter

Manufacturers of Defective Products and Available Defenses

Product liability lawsuits are brought by injured individuals against the manufacturer of a product to recover compensation for injuries caused by the defective product. There are tens of thousands of fatalities each year due to defective products and approximately 70,000 to 80,000 lawsuits are filed each year against manufacturers of allegedly defective products.

Product Liability Defenses
The defenses available to manufacturers of allegedly defective products vary from state to state, but some common defenses include:

• Assumption of risk – injured individual was aware of potential danger of using product in prescribed method, yet continued to use the product
• Comparative fault or contributory negligence – injured individual contributed in some capacity to the injury caused by the product
• Failure to follow instructions or warnings – injured individual was aware of instructions and warnings but failed to comply
• Misuse – injured individual improperly used the product thereby causing injury
• Statute of limitations – injured individuals may have a certain time limit to bring their claims before their right to recover is ultimately lost
• State of the art – manufacturer could not have known of inherent risks of the product or updated designs were unavailable to the manufacturer at the time of sale or manufacture

If a manufacturer of an allegedly defective product successfully asserts one of the aforementioned product liability defenses, the injured individual's damage recovery may be limited or non-existent.

© 2024 NextClient.com, Inc. All rights reserved.

• Recovery for Injuries Caused by Design Defects
  “Product liability” is the area of the law enabling recovery for those injured by defective products. Some commentators suggest it reflects a balance between the benefits that society as a whole reaps from technological... Read more.
• SUV Rollovers and Product Liability Claims
  “Sport Utility Vehicles” (SUV’s) have become increasingly popular. It has been estimated that SUV’s comprise 25% or more of new car sales, as opposed to only 2% in 1985. Unfortunately, serious questions have been... Read more.
• Circumstantial Evidence in Product Liability Cases
  Individuals who have been injured by a defective product will have a valid legal claim against the manufacturer or distributor of the product if they can prove that the product was defective and that the product defect caused their... Read more.
• Taking Unsafe Toys Away From Children
  The U.S. Consumer Product Safety Commission (CPSC) regulates the distribution of 15,000 types of consumer products that pose an unreasonable risk of injury or death to the public. As young children are particularly susceptible to... Read more.

• Texas Sues Biden Administration to Block New Rule Protecting Medical Records of Women Seeking Abortions Out of State
• New York Judge Delays Trump's Sentencing in Hush Money Case Until After November Election
• First Wrongful Death Lawsuit Filed in Deadly Boar’s Head Listeria Outbreak
• The Justice Department Opens Investigation into Sexual Abuse Claims at California Women's Prisons
• New California Bill Proposes Strict Regulations on AI Development and Safety