What is a “lack of causation” defense to a product liability claim?

The “lack of causation” defense is a strategic argument used in product liability claims in California. Essentially, it is an effort to demonstrate that the injured party is claiming damages as a result of a product that was not actually the cause of their injury. Under product liability law, injured parties can make claims when a product is found to be dangerous or malfunctioning. To succeed in a product liability claim, injured parties need to prove that the product was the direct cause of the injury. A “lack of causation” defense is used by a product manufacturer to show that the product was not the cause of the injury. This defense can be used when the injured party claims that a specific product was defective, but the manufacturer argues that the injury was caused by another factor, such as the injured party’s own actions, another product or an external factor. The defense is similar to the “proximate cause” defense, which is a broader legal argument. In the “proximate cause” argument, the defendant states that, even if the product was defective, the injury was caused by something else that was not their responsibility, such as the injured party’s own negligence. A successful “lack of causation” defense can be a powerful tool for a product manufacturer in product liability cases in California. It can help to offset liability and damages, and allow the manufacturer to win a case without having to admit fault.

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