What are the common defenses in a West Virginia defective product case?
Miley Legal Group
There are a number of common defenses that can be made in a West Virginia defective product claim. Securing legal help from an experienced Bridgeport, West Virginia product liability lawyer is the best way to protect your legal rights in what can be a very complicated area of law.
When pursuing a claim for a West Virginia defective product, you must be able to prove strict liability. In other words, a person or company is found to be at fault for injuries resulting from the use of their product whether or not they were negligent or intentional.
There are defenses that the other side can use in trying to argue against your case. One defense is that you misused the product in a way that could not have been foreseen or anticipated. This can be tricky because some products can be used in ways not intended, yet it doesn’t detract from the manufacturer’s responsibility; however, if the product is used in a manner not expected, then this could be a valid defense.
Another defense that could be used is if the consumer modified the product in some way and was then injured by it.As mentioned previously, it must have been modified in a way that couldn’t have been foreseen or anticipated.
Other defenses could be that at the time of manufacturing, the design of the product was fine, or it could be shown that there was compliance with government or industry standards.
Each West Virginia defective product case will be unique, but each will require strong legal help. Your next step should be to speak with a Bridgeport, West Virginia product liability lawyer to learn what legal options you have available.