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Academix 2/3/2012 12:55
What are the some available defenses against product liability claims?
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3 Answers
Recent | Top Voted
By: Jim Peters on 9/4/2012 13:01 Comment
If one is sued under product liability laws then there are 6 defenses: You had not supplied the product, When the product was sold any safety defects were not detected as scientific knowledge was not advanced at the time, The defect was an inevitable result when complying with the laws. After the product was supplied the defect was detected, the supply of the product was not in the course of business and was a private gift, the defect was caused due to the design of the finished product or defective specifications that you were given.
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By: Paperless Insurance Services on 3/16/2012 14:43 Comment
Causation And Contributory Negligence
The other defense is causation and contributory negligence. To the extent that your customer may have participated, shared in and/or, in some way, contributed to his/her own injuries through the use of your product each party, you and the plaintiff, can be assigned a portion of the negligence which allegedly contributed to those injuries. You can seek partial relief under this policy.
For example, your product. Improper installation is contributory negligence. To the extent your customer hires an independent contractor to service your product, it is causation by a third-party defense.
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By: Paperless Insurance Services on 3/16/2012 14:43 Comment
statute of limitations: Say you manufactured a product today and it enters the stream of commerce immediately. For some reason, after six years of nearly flawless operation, your customer is injured through its use. At that very point in time, depending upon your jurisdiction, the “clock starts ticking.” Your customer will then have a specified period, usually expressed in years, within which he/she will be allowed to bring a legal action against you for injuries sustained as a result of the use of your product. If they fail to do so, they will not be permitted to seek any future damages for the injuries which were alleged to have occurred.
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