What are the defenses to a product liability claim?

Product liability claims are legal claims that can be brought against companies or their employees who produce and/or sell a defective product. These claims can be very serious and can result in significant financial and other damages. In the state of Virginia, there are several defenses to a product liability claim that can help a company or its employees avoid liability. One defense is to demonstrate that the product was not defective or unreasonably dangerous when it left the control of the manufacturer or seller. This defense can be used to prove the company or employee had no liability for the condition of the product. Another defense is to show that the plaintiff, or person bringing the claim, misused, altered or modified the product. In this case, the manufacturer or seller could argue they had no responsibility for the product’s condition. A third defense is for the manufacturer or seller to demonstrate the product had an adequate warning label or instructions for use, and the plaintiff ignored or failed to understand the warning. Finally, the defendant can argue the product was not being used as intended or for its proper purpose. This defense can be used when the manufacturer or seller provided information regarding how the product should be used and the plaintiff did not follow the directions. Overall, any company or employee facing a product liability claim in the state of Virginia should be aware of these potential defenses so they can take appropriate legal action.

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