INJURY LAW BLOG

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Tackling defenses to defective product claims

Posted by Smiley & Smiley on Sep 22, 2016 10:18:05 AM

When you suffer a serious injury, you know that you need help. You also know the extent to which your life is complicated by that injury and how much money, time and energy you have to devote to your recovery. It can all be very overwhelming.

To make matters worse, there may be parties denying what has happened to you. This can be extremely frustrating, especially when the party denying your claims is actually the party that is liable for your injuries. This is often something that people experience when it comes to product liability claims.

If you have been injured by a defective product, you should expect to be faced with a defensive party, whether that is the product manufacturer, seller, designer or retailer. These parties have a lot at stake and often do and say whatever they can to try avoid taking any responsibility for injuries you have suffered as a result of their product.

Some common defenses to defective product claims include:

  • Blaming the accident on you for using the product improperly
  • Alleging it was another party involved in the product that is to blame
  • Users were warned about the potential defect
  • Claiming you continued to use the product even though you knew it was defective
  • Arguing that the product was changed significantly since the time it was sold

The attorneys at Smiley & Smiley LLP are familiar with these and other defenses to product liability claims. We also know that you likely don't have the time, energy or legal experience to face these challenges head-on by yourself.

Rather than run the risk of losing compensation you deserve, we encourage you to thoroughly examine your options for taking legal action and building a product liability claim. Information on how we have helped people in this very situation can be found on our New York personal injury website.

Topics: defective-products

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