Check Spelling In Legal Massachusetts Product Liability Forms For Free

Assumption of Risk The manufacturer may argue that the customer was aware that how they used the product might be unsafe and lead to injury. If the customer knew that their particular product use would or could lead to harm, they cannot make a valid product liability 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.

By signing a contract with a liability waiver, consumers are essentially agreeing not to sue a company for any type of injury that may occur in the use of the product, even if the injury is well beyond what either party anticipated.

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.

5 Common Product Liability Defenses Contributory negligence. Defense attorneys often rely on the defense of contributory negligence in a variety of case types, including product liability cases. ... Assumption of risk. ... Unrelated injury. ... Altered product. ... Product liability waiver.

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.