Business litigation and product liability

On Behalf of | Dec 27, 2018 | Business Litigation |

Business endeavors provide their customer base with reliable goods and services. However, despite their best efforts, sometimes consumers claim that they were harmed by a business’s product. When this happens, a product liability lawsuit may be levied with a consumer hoping to recover compensation for their alleged damages. In these circumstances, a business needs to be prepared with a strong civil defense if it hopes to prevail.

This is because strict liability applies to product liability lawsuits. This means that in order to succeed, an injured consumer only needs to show that a product was defective in order to prevail. Negligence does not have to be shown. So, a business must be prepared to defend itself against allegations that its product was defective either in its design, manufacture or marketing.

Each of these types of claims have their own challenges. Marketing defects, for example, can arise due to improper labeling. Manufacturing defects are alleged to occur during the creation of a product. While a plaintiff may try to put forth evidence of a business’s shortcomings in these areas, a business can try to defend itself by showing that a consumer modified a product, thereby rendering it unsafe. Another defense option is to show that a consumer used the product for something other than its intended use.

Product liability cases can have high stakes that can threaten a business’s profits and reputation. As a result, they are often highly contentious. However, by having a skilled legal advocate on one’s side, a business may be able to increase its chances of reaching a fair and favorable resolution, whether this means negotiating a settlement or litigating in hopes of dodging all liability. Whatever steps you take, it is important to understand your options and the procedures involved in the process.

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