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Defective Product Injuries: Proving Fault
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If You Were Aware of the Defect
Manufacturers and sellers have a defense to claims of strict liability that may be particularly important if you have owned the product for a while: You may not be able to claim strict liability against the manufacturer or seller if you knew about the defect but continued to use the product. If it appears -- either from the condition of the product (which the manufacturer's or seller's insurance company will have a right to examine) or from your description of your use of the product -- that you were aware of the defect before the accident but used the product anyway, you may have given up your right to claim injury damages.
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