What are the defenses to a product liability claim?
Defending a product liability claim in Florida can be complicated, but it is possible. The most common defenses a defendant can use are a lack of causation, a lack of defective product, and statute of limitations. A lack of causation means that the defendant must prove that the injury or death was not the direct result of a defect in the product. This must be backed up with evidence showing that the product was not defective, or responsible for the injury. A lack of defective product defense means that the defendant must prove that the product did not contain a defect. They can do this by providing evidence that the product was properly designed, manufactured, and labeled. The statute of limitations is also an important defense for a product liability claim. This means that the plaintiff must file a claim within a certain amount of time of the injury or death. In Florida, the statute of limitations is four years for products liability, so if the plaintiff has not filed a claim within four years, then the defendant may be able to dismiss the case. Other possible defenses may include contributory negligence, which means that the plaintiff was partially responsible for their injury or death, the plaintiff assumed a risk, or the plaintiff granted immunity to the defendant. It is important to remember that product liability cases are extremely complicated and can often be difficult to defend. If you find yourself defending against a product liability claim in Florida, it is best to seek legal advice from a qualified lawyer.
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