Defense Defective Porduct Defective Products
If I pursue a lawsuit for injury from a defective product, what should I expect the defendant(s) to argue against me?
The defendant(s) that you sue will likely argue that the injury was not caused by the defect. They will likely claim that the injury was your fault, and that you should not recover for your own negligence.
A common variation on the above argument is to assert that when the injury occurred you were not using the product in its intended manner, or that it was not foreseeable to the defendant that you would use the product in that manner when the injury occurred.
In some instances, your own lack of due care may reduce your recovery against a liable defendant. This is called comparative negligence or comparative fault. While a successful claim of comparative fault may reduce your recovery, if you have a solid case against the defendant(s), you may still recover. Also, if the “fault” attributed to you has nothing to do with the accident or your injury, it may not even apply. An example would be if you were intoxicated while driving an automobile which had defective brakes. If you were involved in an accident because of the faulty brakes, your intoxication may not be considered a “cause” of the accident and your injuries.
Since this is a broad and developing area of law, with many peculiarities to each jurisdiction, you should speak with an attorney in your community about the pros and cons of your case.
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