Product Liability Case: 3 Possible Counter Arguments From The Product Manufacturer
A defective product can cause severe harm to your body. You may need to undergo specialized treatment procedures to correct the errors, which can be pretty costly to bear. When this happens, you might want to consider filing a personal injury claim and pursuing compensation to offset your medical bills.
However, such claims are often complicated, making it essential to work with a product liability lawyer. They will prepare a strong lawsuit for you to ensure that you receive an acceptable payment. In a product liability lawsuit, the manufacturer can bring up several arguments to escape liability. These arguments include the following:
There Were Modifications to the Product
Products move through different stages before reaching the clients. Though the manufacturer is the primary producer of a commodity, other parties in the value chain can modify the item. Modifications at different phases could harm the consumers.
The manufacturer can allege that a modification to the product led to your injuries. This situation calls for a thorough investigation by a product liability lawyer. An investigation will reveal whether there were any changes to the product. That way, you can hold the manufacturer liable if the error occurred during the manufacturing process.
You Misused the Product
Essentially, manufacturers must provide guidelines on how clients should use their products. They're also required to print a warning message on the packaging alerting clients of the side effects of using the product. On the other hand, consumers should use the products as instructed to realize their desired results and avoid the side effects. In that regard, the manufacturer might argue that you sustained injuries due to the failure to follow instructions. With the help of your attorney, you'll need to provide evidence that you used the product correctly and deserve to be compensated.
You Knew the Product Was Dangerous
Naturally, the judge will reduce your compensation if they realize that you bear any fault. Therefore, the manufacturer can allege that you used the product regardless of knowing its dangers. A successful defense means that the manufacturer will take partial liability and only offer a payment equivalent to their fault percentage. This situation calls for a thorough investigation to oppose the allegations tabled by the manufacturer. Your personal injury lawyer will ensure that the liable party pays for all the damages you've incurred due to the defective product.
Your product liability claim could get complicated if the manufacturer uses the arguments above to deny you compensation. But you can make things easier by working with a product liability attorney. They will get compelling evidence to prove that the product indeed caused you pain and suffering. Look into personal injury attorneys near you for more information.