What are the common defenses used in a Paraquat lawsuit?

Common defenses used in a Paraquat lawsuit in California depend on the specific circumstances of the case. Generally, defendants may claim that they were unaware of any potential health risks associated with the use of Paraquat, or that they used the product according to the directions and warnings printed on the label. Another defense may be that somebody else caused the plaintiff’s injuries, such as a farmer using a nearby field that had been previously treated with the herbicide. Defendants may also argue that a comparative fault doctrine applies, meaning the plaintiff was at least partially at fault for the harm they experienced due to the use of Paraquat. The defendant may argue that the plaintiff was aware of potential risks associated with the product, but used it anyway. Furthermore, defendants may argue that the plaintiff’s claims are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which bans state tort lawsuits over products that are properly registered with the EPA. Finally, defendants may try to limit the potential financial damages by arguing that the plaintiffs’ injuries could have been prevented with reasonable care. For example, if the plaintiff knew of the potential health risks associated with the use of Paraquat, the defendant could argue that the plaintiff should have taken necessary precautions, such as using protective clothing and masks, to avoid the injury.

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What are the common defenses used in a Paraquat lawsuit?

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