Manufacturer’s defense – Explained in detail
Macon GA Product Liability Lawyer
In personal injury claims based on negligence, the elements that the plaintiff has to to establish on this cause of action mirror those set forth in the first three causes of action – Defective manufacture; Defective design; Failure to warn. The chief difference between this cause of action and the others is that the negligence claim is stated in slightly different, and easier terms, i.e., the defendant will be liable because the manufacturer did not take reasonable measures to make their product safer.
In a product liability suit, the manufacturer of the product can plead many defenses. These include:
a) Statutory and/or Regulatory Compliance – Compliance with legal standards promulgated by the relevant overseeing body is significant, and occasionally conclusive, evidence that may defeat liability claims. This defense is commonly used in pharmaceutical litigation, particularly in failure to warn cases.
(e) Open and Obvious Danger – the plaintiffs and the lawyers that bring these cases that most often are the butt of lawyer jokes, as the absurdity of these claims is the stuff of legend.
(b) Custom-Made Product – The manufacturer cannot be held liable if the plaintiff or any third party altered the product after it leaves the manufacturers hands, for example removing a safety guard on a saw.
(f) The Defendant did not read/head to the warnings.
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