In order to defend against a product liability claim, it is crucial to understand the different legal defenses that can be used in these cases.

Statistical Insights on Product Liability Cases

According to the American Bar Association, product liability cases have been on the rise in recent years. In 2019, there were over 35,000 product liability cases filed in federal and state courts across the United States. These cases cover a wide range of products, including pharmaceuticals, automobiles, electronics, and more.

Common Legal Defenses in Product Liability Cases

• 1. Lack of Product Defect: One of the most common defenses in product liability cases is to argue that the product in question was not defective. This can include showing that the product was used improperly or that the alleged defect was not present at the time of manufacture.
• 2. Assumption of Risk: Another defense is to argue that the consumer assumed the risk of using the product. This can apply if the consumer was aware of the potential dangers associated with the product and chose to use it anyway.
• 3. Contributory Negligence: In some cases, the defense may argue that the consumer's own negligence contributed to the injury. For example, if the consumer failed to follow the instructions or warnings provided with the product.
• 4. Statute of Limitations: A common defense in product liability cases is to argue that the claim was filed after the statute of limitations had expired. Each state has its own time limits for filing product liability claims.

Benefits of Legal Defenses in Product Liability Cases

By utilizing these legal defenses, defendants in product liability cases can protect their rights and potentially avoid liability for damages. It is important for defendants to work closely with experienced attorneys who understand the nuances of product liability law and can develop a strong defense strategy.

Product liability cases can be complex and costly for all parties involved. By understanding the common legal defenses and working with skilled attorneys, defendants can navigate these cases more effectively. As the number of product liability cases continues to rise, it is essential for businesses to be proactive in safeguarding themselves against potential claims.