Richmond County, Georgia strict liability defense attorney
As with negligence cases, a defendant can defeat a strict liability lawsuit by rebutting the proof that the plaintiff presents in support of the claim. An experienced Richmond County, Georgia strict liability defense attorney can present any of the following arguments:
• the product was misused: but, the product misuse should not have been foreseeable. The plaintiff will urge that the manufacturer must have foreseen and prevented such misuse by its product design or in its warnings;
• the product was modified: but, modification may not relieve the seller from liability when the modification was reasonably anticipated and the defendant did not provide sufficient warnings concerning the modification;
• comparative fault: many states provide that, like in negligence lawsuits, the plaintiff’s strict liability recovery is decreased by the extent of the plaintiff’s own fault in causing the injury;
• state of the art: the seller may demonstrate that its product was ‘state of the art’ at the time of manufacture to rebut the plaintiff’s claim that the product was defectively designed at the time it left the defendant’s control;
• industry custom, industry standards, and government standards: a seller can also be permitted to introduce evidence that the product complied with industry standards or custom in the industry to defeat the plaintiff’s claim that the product was defectively designed.
---------------------------------We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases. We offer a free initial consultation to all prospective clients.Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta

0 comments:
Post a Comment