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Shapiro, Appleton & Duffan, P.C.

If I file a defective product claim, what should I expect the other person/group to argue against my claim?

The person or group you file a claim against will likely argue that the injury was not caused by the defect. They will probably claim the injury was your fault, and you should not recover any compensation for your own negligence.
Another form of this argument is to proclaim that, when the injury occurred, you were not using the product in its intended manner or it was not foreseeable to the defendant that you would use the product in such a manner when you suffered your injury.
Arguing that you failed to operate the product with due care is called comparative negligence or comparative fault. A successful claim of comparative fault could reduce your claim but if you have a sound case, you can still recover. In addition, if the comparative fault attributed to you is not connected to the accident or your injury, it may not be applicable.

For example, if you were intoxicated while driving a car which had defective brakes. If you were involved in an accident because the brakes malfunctioned, your intoxication may not be considered a cause of the accident and your injuries.



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