Are there any defenses available if I have filed a defective drug injury claim?

Yes, there are several defenses available for those who have filed a defective drug injury claim in South Carolina. One of the most common defenses is that the product was defectively manufactured due to a specific supplier’s fault. This would include any negligence or substandard practices by the manufacturer, such as using a lower quality of materials than expected or failing to inspect the product adequately. Another defense could be that the plaintiff failed to exercise due diligence when using the product, meaning they did not follow the instructions or warnings that came with the product. Additionally, the defendant may argue that the product was not defective and the injury occurred through some other means, such as the plaintiff’s own misuse or negligence. The defendant may also claim that the plaintiff’s injury was caused by a pre-existing condition or was simply an act of God. The burden of proof in this type of case often lies on the plaintiff, so it is important to make sure you have adequate evidence and the necessary testimony to support your claim. In some cases, the defendant may be able to prove that the product was actually damaged after it left the manufacturer, which would make them not liable for the injury. It is important to know that whatever defense the defendant may raise, the plaintiff still has the right to argue their case before a court of law. An experienced lawyer can help you build a strong case and fight for the best possible outcome for your defective drug injury claim.

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