Defenses in Products Liability Lawsuits

Products liability is an area of law that covers personal injuries and property damage caused by defective products. A product might be defective because it was improperly designed or manufactured. If a defective product causes personal injuries or property damage, anyone involved in the manufacture or distribution of the product might be liable for injuries caused by the defect. In many states, you can sue the manufacturer, the wholesaler, the distributor, or the store where the defective product was purchased. There are several defenses that can be raised in a products liability lawsuit. This article covers the following defenses: statutes of limitations, contributory negligence and comparative negligence, product misuse and assumption of risk.

Statutes of Limitations and Statutes of Repose

Products liability law deals with personal injuries and property damages caused by defective products. Statutes of limitations and statutes of repose set time limits for filing lawsuits. A lawsuit that is filed after the time period set out in the statute of limitations or the statute of repose is barred and will be dismissed by the court. It is important to check with an attorney to determine the time limit for filing a lawsuit if you have been injured or a defective product has damaged your property.

Food and Drug Administration Regulation of Medical Devices

The U.S. Food and Drug Administration (FDA) regulates medical devices. This includes the development, marketing, and monitoring of medical devices. Medical devices are classified into three categories.

Use of Investigational Drugs in Human Clinical Studies

In a clinical study, human volunteers receive investigational drug therapy. The effects of the treatment are compared with a control group of human volunteers who receive either the standard treatment or a placebo (a sugar pill that has no therapeutic benefit). Researchers are able to conclude whether the experimental drug had a better outcome than the standard treatment. The experimental drug might produce a better outcome, but it might not work. It could prove dangerous or even deadly.

Manufacturing Defects

Product liability claims arise when a manufacturer or seller puts a defective product in the hands of a consumer. A product liability claim can be based on a manufacturing defect. A manufacturing defect occurs when there is a mistake in the manufacturing process. That is, the product does not turn out the way the manufacturer planned. A manufacturing defect can occur when one item is made incorrectly, such as a child carrier that is missing a latch mechanism, or when all items of one type are made incorrectly, such as when tires are manufactured with inferior materials.