Wilson Law Offices, PLLC
Free initial consultation
(304) 345-5508
Charleston, West Virginia, Personal Injury and Wrongful Death Attorney

Products Liability Newsletter

Product Liability Defenses Available to Manufacturers of Defective Products

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.

  • Understanding 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.
  • Defects in SUV's and Product Liability
    “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.
  • The Use of Circumstantial Evidence to Prove Product Defect
    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.
  • Toys That Pose a Hazard to Young 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.
Products Liability News Links
Share This Page:
Designed and Powered by NextClient

© 2015 - 2020 Wilson Law Offices, PLLC. All rights reserved.
Custom WebExpress™ attorney website design by NextClient.com.