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Usera & Snow, P. C.

What could stop a product liability claim?

On Behalf of | May 11, 2022 | Products Liability

Product liability can lead to the manufacturer or some other responsible party having to pay you for injuries you sustained from using the product. However, you may not always have a valid claim.

The Oregon State Bar explains there are some things that could invalidate your case and leave you liable for the incident that caused your injuries. For this reason, you should always consult with legal representation prior to discussing your case with anyone, including insurers.

Ordinary use

One of the main reasons a product liability claim becomes invalid is that the person suffering the injuries was not using the product in the right way as instructed by the manufacturer. If your misuse of the product led to your injury, the court will probably throw out your case. There is no way for the manufacturer to protect you against improper use as long as it warned you not to use the product in such a way.


You must have evidence the product had a defect. If you cannot produce the evidence, then it will be very difficult to win your case. You must show the product was defective in some way to prove liability.

Comparative fault

Keep in mind that the law of your state may award damages based on comparative fault. This means that if you were also at fault in the incident, that would be considered. The court would assign a percentage to you and the manufacturer. Any damages would only payout at the percentage of the manufacturer’s responsibility. For example, if the judge said you were 40% at fault, then you would only receive 60% of the damages since that is the liability of the manufacturer.