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Product Liability

I was injured when using a product. If I decide to seek compensation for my injury, who can be held liable for my injury?

What is the most common defense used by manufacturers to avoid liability in defective product cases?





Q: I was injured when using a product. If I decide to seek compensation for my injury, who can be held liable for my injury?

In most cases, the manufacturing company is held liable for injuries caused by defective products. However, depending on the nature of the case, other parties may be held fully or partially liable. For example, if your product was repaired by an individual independent of the manufacturer, the repair technician may be held responsible. In other cases, the retailer of the product may be liable. To determine who is liable, you should contact an attorney who specializes in product liability matters.

 


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Q: What is the most common defense used by manufacturers to avoid liability in defective product cases?

In many cases, manufacturers will argue that the user misused the product and, as a result of this incorrect use, injury ensued. This defense may be valid in many cases, however, it is the manufacturer’s duty to provide notification of intended use and warn of dangers of misuse. If these warnings were not expressed on the product prior to use, the defense may not hold as much weight in court.
 


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