Possible Defenses Against Product Liability Claims

In product liability lawsuits, there are three general categories of claims typically brought against manufacturers. While a consumer may have a legitimate reason to litigate, it can be difficult for him to prove he was directly or indirectly harmed by your product.

"Foreseeable and Avoidable"

We've written before on the topic of "misuse" when it comes to product liability matters. In that blog post, we addressed how a successful defense of misuse requires the manufacturer to prove that the user operated the product in a way that was not foreseeable. It is also important to consider "avoidable hazards," as some products such as knives, saws, drills, and ladders are inherently dangerous. With these types of products it is typically much harder to prove that the accident was caused by an unavoidable hazard.