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| LUTHENS LAW OFFICES |
| Des Moines Office |
| West Towers Building , Suite 206-24 |
| 1200 Valley West Drive |
| West Des Moines, Iowa 50266 |
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| Colfax Office |
| Luthens Law Building |
| Eight West Howard Street |
| Colfax, Iowa 50054 |
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| Telephone: (866) 579-3816 |
| Email: info@luthenslaw.com |
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| The workers compensation & personal injury claims and settlement attorneys at the Luthens Law Offices, P.C. are dedicated to serve their clients in central Iowa, including the cities of West Des Moines, Colfax, Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo and Burlington , and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, and Des Moines counties. |
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PRODUCT LIABILITY | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS
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I. Overview
II. Product Defects
III. Common Defenses Against Product Liability Claims
IV. Protecting Your Legal Rights
V. Consumer Protection Law and Agencies |
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Common Defenses Against Product Liability Claims
Manufacturers and sellers have a variety of defenses against product liability at their disposal. Arguments in these cases can be very complex, requiring knowledge of engineering, science, and manufacturing techniques. As a result, you should take every possible precaution to protect your legal rights.
- Plaintiffs in a personal injury case must act within a time limit, or “limitation period”. Some states also have “statutes of repose”, which prevent legal action after products reach a certain age, no matter when the plaintiff is injured.
- You must be able to connect the product which caused injury with the party or parties responsible for its manufacture or sale. An exception applies in cases which involve defective medication. Since it is often impossible to identify the specific company that supplied a defective medication, a successful action will hold pharmaceutical companies liable according to their percentage of sales in the area where the injury occurred.
- Manufacturers can argue that the plaintiff or a seller altered the product after it was out of the manufacturer’s control, and that this alteration caused the injury. They can also argue that the product was misused, and that the injury therefore arose from misuse of a reasonably safe product.
State law varies on which defenses apply. Other defenses also exist. You should discuss your case with an attorney with experience in product liability law to determine whether these defenses apply to your case.
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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
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If you would like to schedule a free initial consultation contact an attorney representing clients in Sioux City, Iowa at the Luthens Law Offices, P. C.. Give us a call at (866) 579-3816 or email us at Info@luthenslaw.com.
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