What is a “lack of causation” defense to a product liability claim?
A “lack of causation” defense to a product liability claim is the argument used to counter a plaintiff’s claim that a product defect caused their injury or illness. This defense is based on the fact that the plaintiff is unable to prove a causal link between the product defect and their claimed injury or illness. In the state of Pennsylvania, the burden of proof lies with the plaintiff in product liability cases. For a plaintiff to succeed in their claim of product liability, they must demonstrate that the defect and the injury or illness are causally-related and that the defect was the direct cause of the injury or illness. This means that the plaintiff must show that without the product defect, the injury or illness would not have occurred. In order to successfully argue a lack of causation defense in Pennsylvania, the defendant must, first of all, prove that the plaintiff cannot adequately prove the causal link between the product defect and the injury or illness. This can be done through testimony from expert witnesses or through an examination of the evidence. The defense can also utilize the argument that other causes may be responsible for the injury or illness, such as the plaintiff’s own negligence, or the negligence of other parties. If the plaintiff cannot prove that the product defect was the direct cause of the injury, then the lack of causation defense will succeed.
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