Defective Product Lawsuits: Common Defenses and How to Overcome Them
6 min read
Manufacturers rarely admit a product was defective. Here are the defenses they use — and how an experienced attorney beats them.
Just Because You're Hurt Doesn't Mean the Company Admits Fault
Product manufacturers fight liability aggressively. Their defenses are predictable, and knowing them in advance helps you build a stronger claim.
"You Misused the Product"
Defendants often argue you used the product in an unforeseeable way. But misuse must be truly unforeseeable — if a reasonable person might use it that way, the defense is weak.
"You Were Negligent Too"
Under comparative fault, a manufacturer may claim your own carelessness contributed to the injury. This reduces — but doesn't eliminate — your recovery. Strong documentation of proper use undercuts this argument.
"The Product Met All Regulations"
Compliance with government standards does not automatically shield a manufacturer from liability. A product can meet minimum regulations and still be unreasonably dangerous.
"The Defect Wasn't the Cause"
Defendants may argue your injury came from something else entirely. Medical records and expert analysis linking the defect to your specific harm are essential.
The Statute of Repose
California generally requires product liability claims to be filed within two years, but a separate "statute of repose" can cut off claims after a certain number of years from the product's sale — often 10 years. Time matters.
Level the Playing Field
The Law Office of Michael V. Jehdian has faced manufacturers and their insurers since 1996. Call 888-977-8899 for a free consultation.
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