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Defendants in product liability cases frequently assert the defense that the use of the product by the plaintiff was ?abnormal? or a ?misuse? of the product. The argument is that the damages were caused by the user's negligent use of the product and not by any defect in the product.

Product liability waivers don't typically protect a manufacturer from liability, especially if the consumer hasn't bargained for losing their warranty rights by signing the contract. However, a written and signed waiver may be considered valid and could prevent you from filing a claim.

Assumption of Risk When a manufacturer makes such a defense, it is arguing that the customers knew that the way they used the product might be unsafe and lead to injury. If the customers knew that their particular use of the product would lead to injury, then they cannot make a valid product liability claim.

Massachusetts's products liability law holds manufacturers and sellers strictly liable--even if they didn't do anything to contribute to the defect--if the plaintiff can prove that a product was dangerous or defective enough to cause personal injury or death.

The assumption of risk defense used by some product makers asserts that the consumer knew that there was some inherent risk to using the product, even as intended. If the consumer is injured in a feasibly predictable way, then the product maker would argue the assumption of risk eliminates its own liability.

Common Product Liability Defense Strategies Outside Statute Of Limitations. ... Lack Of Standing. ... No Duty Owed. ... Modification. ... Misuse. ... Assumption Of Risk.