A product liability case can be complicated. If you are a consumer, you have a specific right; however, there are several ways your legal liability for a defective product might be rejected. Often big companies or organizations have trained and experienced lawyers that can twist and turn liability cases to dissolve them.
However, with the proper evidence, you can gain fair compensation for your claim. If a product has caused you considerable injuries, you can register a case against the manufacturer or seller under a personal injury claim.
If you are injured in Seattle, you must contact a personal injury attorney as soon as possible. Personal injury claims are tricky, especially when they fall under defective product liability claims; therefore, having a lawyer will provide the appropriate guidance and help you get the compensation you deserve.
Nevertheless, here are some ways a seller or product manufacturer might use to deny your product liability claim.
Common ways sellers or manufacturers use to deny defective product claims
- The product was not responsible for the injury or damage caused.
A primary way to fight back a case is the defendant might argue that their product was not responsible for causing injury o the victim. They might suggest that the injury is the result of another accident and the victim is accusing their product of false malfunction.
To prove their point in court, the defendant must have a strong case and evidence against the plaintiff’s claim to prove that their product cannot cause the potential injury. For example, suppose someone was ironing their clothes, shoved from behind, or was suddenly shocked by external stimuli and burned their hand. In that case, the product is not responsible for the injury sustained in the accident.
Instead, the court will order to find the shove responsible for the accident. This is an effective way a seller can fight back your defective product claim.
- The plaintiff caused some negligence.
Another popular way the defendants use in product defect liability claims is to point out the plaintiff’s mistake while using their product. If the plaintiff is found contributing to the accident in some way or is careless in using the product, the seller or manufacturer can claim that it is partially the plaintiff’s fault for the injuries sustained.
While the negligence law differs from state to state, it is a possible way for the defendant to deny the claim. However, they must prove the misuse of the product by the plaintiff to win the case.