What is a “foreign object defense”?

The “foreign object defense" is a common defense used in products liability cases, particularly in the state of Florida. It is a legal argument that can be used by a defendant to try and avoid responsibility for a product-related injury or illness. The foreign object defense in products liability cases is based on the idea that the injury or illness was not caused by the product itself, but rather by a foreign object, like a rock or a piece of metal, that was located inside the product when it was bought. In this situation, the defendant can argue that the injury or illness would not have occurred if the foreign object had not been present in the product when it was purchased. The foreign object defense is commonly used in medical products liability cases, as well as in cases involving dangerous products such as power tools. In a medical products liability case, a defendant might argue that the injury or illness was caused by a foreign object that was in the patient’s body prior to surgery, rather than by the medical product itself. The foreign object defense is a difficult argument for a plaintiff to overcome. The burden of proof in this situation is on the plaintiff, who must show evidence that the foreign object was not present when the product was purchased. If the plaintiff is successful in proving that the injury or illness was caused by the product itself, and not a foreign object, then the defendant may be liable for the damages caused by the product.

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What is a “foreign object defense”?

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