How to Defend Yourself in a Product Liability Lawsuit
Determine whether you were served properly., Check the date when the plaintiff was injured., Find out when the plaintiff purchased your product., Analyze the court's jurisdiction.
Step-by-Step Guide
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Step 1: Determine whether you were served properly.
If the plaintiff didn't follow legal procedures to have the complaint delivered, you can have it dismissed for improper service.
Courts have a particular procedure by which the plaintiff must deliver to you a copy of the complaint and summons so you have official notice that you are being sued.
Generally, the papers must be delivered to you by a person over the age of 18 who is not a party to the lawsuit.The papers also must be delivered either to you in person or to someone who has authority to accept the lawsuit.
If your company is being sued rather than you personally, the papers must be delivered to the correct person.For example, if the plaintiff is suing your company and the complaint and summons are delivered to your receptionist rather than your registered agent, you could claim improper service.
If service was improper, you must make this objection in the first document you file in the case – typically your answer to the complaint.
Otherwise, the court views any objection to service as waived.Keep in mind that having the plaintiff's lawsuit dismissed due to improper service doesn't usually make it go away entirely.
The plaintiff typically can refile his or her lawsuit and complete service properly. -
Step 2: Check the date when the plaintiff was injured.
Each state has a statute of limitations that only allows lawsuits to be filed within a certain period after the injury occurred.
You can typically find out your state's statute of limitations by doing a simple search online.
Which deadline applies depends on the type of lawsuit the plaintiff has filed.
If the plaintiff is filing a tort or personal injury lawsuit, he or she typically has a year or two after the injury to file suit – although some states give as much as six years.However, if the plaintiff's claim is based on a written contract, the statute of limitations generally is much longer – often as long as 10 years., Unlike statutes of limitations, statutes of repose require a plaintiff to file his or her lawsuit within a certain period of time after the product was purchased.
Not every state has a statute of repose, so you'll have to do a little research to see if there's one that applies to the plaintiff's case.
In many states the statute of repose is pegged to the product's useful life.
For example, in Florida the statute of repose is 12 years if the product has a useful life of 10 years or less.Other states describe their statute of repose as a rebuttable presumption of the product's useful safe life.
This means the law assumes your product can be used safely for a certain period of time, usually 10 years.
If the plaintiff wants to file a lawsuit for an injury that occurred after that period, he or she must prove that the product could still be used safely., If the court where the plaintiff filed suit doesn't have subject matter jurisdiction over the claim or personal jurisdiction over you, you can have the lawsuit dismissed.
If the plaintiff sued in federal court and his or her claims aren't based on a federal law, the court does not have subject matter jurisdiction unless you and the plaintiff live in different states and the damages the plaintiff claims must be in excess of $75,000.The court generally doesn't have personal jurisdiction unless the plaintiff sues in a court located in the county or judicial district where you live – or where your business is located, if your business is being sued rather than you personally.If you don't believe the court has personal jurisdiction over you, this must be raised in the first document you file – otherwise, the court will treat it as though you consent to the court's jurisdiction.Having the plaintiff's lawsuit dismissed for lack of jurisdiction can buy you some time, but it won't make the lawsuit go away.
Typically the plaintiff will simply file the lawsuit in a court that does have jurisdiction. -
Step 3: Find out when the plaintiff purchased your product.
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Step 4: Analyze the court's jurisdiction.
Detailed Guide
If the plaintiff didn't follow legal procedures to have the complaint delivered, you can have it dismissed for improper service.
Courts have a particular procedure by which the plaintiff must deliver to you a copy of the complaint and summons so you have official notice that you are being sued.
Generally, the papers must be delivered to you by a person over the age of 18 who is not a party to the lawsuit.The papers also must be delivered either to you in person or to someone who has authority to accept the lawsuit.
If your company is being sued rather than you personally, the papers must be delivered to the correct person.For example, if the plaintiff is suing your company and the complaint and summons are delivered to your receptionist rather than your registered agent, you could claim improper service.
If service was improper, you must make this objection in the first document you file in the case – typically your answer to the complaint.
Otherwise, the court views any objection to service as waived.Keep in mind that having the plaintiff's lawsuit dismissed due to improper service doesn't usually make it go away entirely.
The plaintiff typically can refile his or her lawsuit and complete service properly.
Each state has a statute of limitations that only allows lawsuits to be filed within a certain period after the injury occurred.
You can typically find out your state's statute of limitations by doing a simple search online.
Which deadline applies depends on the type of lawsuit the plaintiff has filed.
If the plaintiff is filing a tort or personal injury lawsuit, he or she typically has a year or two after the injury to file suit – although some states give as much as six years.However, if the plaintiff's claim is based on a written contract, the statute of limitations generally is much longer – often as long as 10 years., Unlike statutes of limitations, statutes of repose require a plaintiff to file his or her lawsuit within a certain period of time after the product was purchased.
Not every state has a statute of repose, so you'll have to do a little research to see if there's one that applies to the plaintiff's case.
In many states the statute of repose is pegged to the product's useful life.
For example, in Florida the statute of repose is 12 years if the product has a useful life of 10 years or less.Other states describe their statute of repose as a rebuttable presumption of the product's useful safe life.
This means the law assumes your product can be used safely for a certain period of time, usually 10 years.
If the plaintiff wants to file a lawsuit for an injury that occurred after that period, he or she must prove that the product could still be used safely., If the court where the plaintiff filed suit doesn't have subject matter jurisdiction over the claim or personal jurisdiction over you, you can have the lawsuit dismissed.
If the plaintiff sued in federal court and his or her claims aren't based on a federal law, the court does not have subject matter jurisdiction unless you and the plaintiff live in different states and the damages the plaintiff claims must be in excess of $75,000.The court generally doesn't have personal jurisdiction unless the plaintiff sues in a court located in the county or judicial district where you live – or where your business is located, if your business is being sued rather than you personally.If you don't believe the court has personal jurisdiction over you, this must be raised in the first document you file – otherwise, the court will treat it as though you consent to the court's jurisdiction.Having the plaintiff's lawsuit dismissed for lack of jurisdiction can buy you some time, but it won't make the lawsuit go away.
Typically the plaintiff will simply file the lawsuit in a court that does have jurisdiction.
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Amber Moore
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