When a product or service causes damages to you, it’s natural to want to seek out a product liability claim. A reliable attorney at law should be able to guide you through this process so you can file properly. That said, you should note that companies will go to great lengths to avoid paying out damages. They are likely to use their own resources to create a defense that undermines your justified rights.
To make sure that your case doesn’t fall flat, it’s crucial to take note of the most common product liability defense tactics that businesses employ.
Comparative Negligence
The opposition will try to show that you can’t prove you have no fault in the damages or injury you’ve acquired. This way, they will only be partly liable and will share the damages with you. Though a plaintiff may still get 50% out of this, it still marks a dent in your case.
Lack of Standing
In one way or another, the opposing party may try to prove that you don’t even have the right to make a claim. One method of doing this is by showing that you’ve breached a particular warranty claim. This can also be executed by trying to show that you have not sustained any harm.
No Duty Owed
There is a responsibility placed on companies to release products that are deemed safe for public consumption. If they frame the case in such a way that you are complaining about something that is out of their bounds of duty, then they may claim that they are no longer liable.
Modification
If the brand made changes to the product in question, the company might claim that any damage is no longer from their end. This is because the product has been modified and, therefore, may have been degraded or tampered with safety-wise. This can remove their own negligence because they have reason to show that it’s no longer something they caused.
Misuse
Similarly, a company can escape a claim of negligence if they prove that the plaintiff in question has used their product for purposes other than its intended function. From there, they could argue that it does not fall under their responsibility to foresee all possible use cases that are out of the ordinary.
Assumption of Risk
One way a company may get out of liability is to claim that their goods are inherently dangerous anyway. This is meant to showcase that the user or consumer should be well-aware of the risks of using the product when they purchase it. They can claim that there is already an expectation to be wary of the risks posed by their products, so it’s not negligent on their end.
Outside Statute of Limitations
And finally, this is one of the reasons you must make a claim as soon as you can put together a solid case for the damages you’ve received. Different states have varied timelines for this, but in general, you cannot make a product liability claim from an injury or occurrence that has passed the statute of limitations. Even if the damages have long-term effects, the company may not be deemed liable anymore.
Conclusion
When you are filing a case, it can be a very stressful time. It’s important to be ready for the curveballs the opposition may throw your way, especially because companies are determined to make it seem like they are fault-free. Make sure you have a trustworthy attorney at law that knows their way around these strategies and won’t back down.
If you find yourself in this situation, make sure you have proper legal counsel. Contact McCallum, Hoaglund & McCallum, LLP and get a reliable insurance defense attorney in Birmingham, AL. With over 75 years of experience and a passion for justice, we take pride in our resolve to get our clients to get the resolution they deserve.