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

A “lack of causation” defense is a legal argument relied upon by a defendant in a product liability claim to deny responsibility for an injury or harm suffered by the plaintiff. In essence, the defense seeks to demonstrate that the harm suffered by the plaintiff was caused by some other factor which is not related to the product in question. This defense is typically used when the plaintiff’s injury or harm was already present before the product was used, or when the product had nothing to do with the development of the injury or harm. Under North Carolina product liability laws, causation is an important element of virtually any product liability claim. A successful plaintiff must be able to prove that the product in question was the cause of their injury. As such, a defendant may attempt to prove a “lack of causation” defense to demonstrate that their product was not the cause of the plaintiff’s injury or harm, and therefore cannot be held liable. In order to successfully prove a “lack of causation” defense, the defendant must convince the court that the plaintiff’s injury or harm was caused by some other factor, such as pre-existing conditions, or something completely unrelated to the product. If the defense is successful, the defendant may be able to protect themselves from liability and avoid having to provide compensation for the plaintiff’s injury or harm. It is important to note, however, that this defense is not always successful and courts may still hold the defendant liable, depending upon the strength of the evidence presented.

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

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