What are the defenses to a product liability claim?
In Florida, a product liability claim is a legal action taken against a manufacturer, distributor, or retailer whose product caused harm to a consumer. The consumer must prove that the product was defective, and that the defect caused their injury. Defenses to a product liability claim can vary, but some common examples include: The Plaintiffs’ own negligence - The defendant can argue that the plaintiff did not properly use the product, or that the plaintiff was actually at fault for the injury they suffered due to their own negligence. Assumption of the risk - The defendant can argue that the plaintiff was aware of the risks associated with the product and accepted them willingly. Statute of Limitations - The defendant can argue that too much time has passed since the product was used and the injury occurred. In Florida, a product liability claim must be filed within four years from the date the injury occurred, or it will not be successful. Misuse of the product - The defendant can argue that the plaintiff misused the product, and that the misuse was the cause of the injury. The Product was Not Defective - The defendant can argue that the product was not defective, and that the injury occurred due to some other factor. These are just some of the potential defenses that a defendant can use in a product liability claim in Florida. The defendant will need to provide evidence to support their argument, or else the claim might be successful for the plaintiff.
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