Law Offices of James W. Mallonee, P.A.
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Litigation Newsletter

  • Collateral Source Rule
    In addition to laws passed by legislatures, there exists a body of principles derived from court decisions and other judicial sources called the “common law.” Courts frequently rely on common law in deciding cases. One... Read more.
  • Proving Liability & Injuries with Experts
    Authorities suggest that “lay” witnesses may testify to conclusions drawn from their own observations, while an “expert” expresses an opinion based on special knowledge, skill, experience, training, or education.... Read more.
  • Allowable Sale of the Proceeds of Structured Settlements
    Many people enter into a “structured settlement” as a result of recovery on a legal claim, such as personal injury, medical malpractice, or workers’ compensation. A “structured settlement” takes a lump-sum... Read more.
  • The Right to Recover Filial Consortium Damages
    Husbands and wives have traditionally been entitled to recover damages for “loss of consortium.” In cases where a spouse is severely injured or killed, the non-injured spouse will typically sue the wrongdoer for her loss of... Read more.
Litigation News Links

Product Liability Defenses Available to Manufacturers of Defective Products

Product liability lawsuits are brought by injured individuals against the manufacturer of a product to recover compensation for injuries caused by the defective product. There are tens of thousands of fatalities each year due to defective products and approximately 70,000 to 80,000 lawsuits are filed each year against manufacturers of allegedly defective products.

Product Liability Defenses
The defenses available to manufacturers of allegedly defective products vary from state to state, but some common defenses include:

  • Assumption of risk – injured individual was aware of potential danger of using product in prescribed method, yet continued to use the product
  • Comparative fault or contributory negligence – injured individual contributed in some capacity to the injury caused by the product
  • Failure to follow instructions or warnings – injured individual was aware of instructions and warnings but failed to comply
  • Misuse – injured individual improperly used the product thereby causing injury
  • Statute of limitations – injured individuals may have a certain time limit to bring their claims before their right to recover is ultimately lost
  • State of the art – manufacturer could not have known of inherent risks of the product or updated designs were unavailable to the manufacturer at the time of sale or manufacture

If a manufacturer of an allegedly defective product successfully asserts one of the aforementioned product liability defenses, the injured individual's damage recovery may be limited or non-existent.

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