When you purchase a product, you expect it to be safe for its intended purpose. However, sometimes products can cause harm due to design defects, manufacturing flaws, or inadequate warnings. In these cases, the injured party may have grounds to file a product liability claim against the manufacturer or seller of the product.
But before moving forward with your product liability, it is important to understand how companies may try to defend themselves against such claims. If you or someone you love has been harmed by a defective or otherwise unsafe product, contact our product liability attorneys at H&P Law. We can help you hold companies accountable and pursue the compensation you are entitled to.
Common Defenses to Product Liability Claims
Let’s take a look at some of the most common defenses used by defendants in product liability cases to avoid paying harmed consumers.
The Statute of Limitations Has Expired
If too much time has passed between when the injury occurred and when the case is filed, the defendants may raise this defense. Each state has its own laws governing statutes of limitation for product liability claims. Generally speaking, this period ranges from one year to six years, depending on what type of claim is being made and which state law applies.
In Nevada, the statute of limitations for most product liability claims is two years from the date of the accident or reasonable discovery of the injury (Nevada Revised Statutes § 11.190). If more than two years pass between the date of injury and filing a lawsuit, your case can be dismissed by the court due to the expiration of the statute of limitations.
Modification
Defendants may also try to argue that any modification you made to the product after purchasing it caused or contributed to your injuries. For example, if you purchased a lawnmower but removed or tampered with one of its safety features prior to suffering an injury as a result of using it, this could be used as evidence that any resulting injuries were not caused by defects in the original design or manufacture of the mower but rather by changes you made yourself once you owned it.
Misuse
In addition, defendants may argue that any injuries suffered were due not only because you misused their product but because you failed to use it safely as instructed by them (e.g., failing to read instructions or warnings provided). If they can establish this argument successfully, then your case may be dismissed as well. Misuse on your part would mean that their actions were not responsible for causing your injury or damage in any way whatsoever.
Assumption of Risk
Another common defense raised by product liability defendants is the assumption of risk—which essentially means that when you purchased their product and began using it, you understood and assumed all risks associated with doing so even though those risks might not have been explicitly stated on the packaging or in accompanying materials (e.g., warnings). This type of defense relies heavily on proving actual knowledge about possible risks involved with using certain products. Courts will often carefully weigh all evidence presented before making a ruling on whether or not this defense applies in each individual case brought before them.
Lack of Standing
Finally, manufacturers or sellers may argue that the plaintiff (the injured party) has no right to sue for damages. In other words, if you are not the person who was injured by the product (or you are not a surviving family member when bringing a wrongful death suit), you cannot be entitled to compensation.
Get the Legal Guidance You Need to File Your Product Liability Claim
Product liability claims are complex matters requiring careful consideration and research into legal precedents and facts surrounding each case individually before filing a lawsuit against the manufacturer or seller. Our attorneys at H&P Law can assist you with your product liability claim and build a strong case to break through all possible defenses and arguments raised by the defendant(s). Call (702) 598-4529 for a case review.
