Have you ever bought a product you thought was safe, only to find out it caused injury or harm? From faulty brakes on a new car to an exploding kitchen appliance, defective products can be dangerous. When someone gets hurt because of a defective product, they often have the right to file a lawsuit. But just because you file a claim doesn’t mean it’s going to be an easy win.
Defendants—usually manufacturers, sellers, or designers—don’t just roll over and accept blame. They use several legal defenses to fight these claims. That’s why it’s so important to understand what you’re up against. If you or someone you care about is hurt by a faulty product, don’t wait—consult a product liability lawyer near you immediately. Knowing what you’re facing is the first step to protecting your rights.
Let’s take a closer look at the common defenses in defective product lawsuits—and how to fight back.
“The Product Was Misused” Defense
One of the most common defenses is claiming that the injured person used the product in a way it wasn’t meant to be used. For example, using a hairdryer near water, or standing on a rolling office chair. If the defense can prove misuse, they may argue that the injury wasn’t the company’s fault.
How to Combat It:
The key here is showing that the misuse was foreseeable. Manufacturers should design products with real-world use in mind. If it was likely that someone could use the product in a slightly different way, and the company didn’t warn against it, then they may still be held responsible. Warnings and instructions matter—a lot.
“The Product Was Altered” Defense
Another strategy is to say the product was changed after it left the manufacturer. If someone added, removed, or tampered with a part of the product, the company may claim they’re not liable for what happened.
How to Combat It:
To respond, you’ll need to show that the product was in its original condition or that the alteration had nothing to do with the injury. Keeping the product as-is after an accident and taking photos can help your case. If repairs were made, having records of those changes is useful too.
“Assumption of Risk” Defense
This is when the defense says the injured person knew the product was dangerous but used it anyway. Think of someone using a ladder with a cracked rung, knowing it was damaged.
How to Combat It:
You’ll need to show you didn’t know about the risk, or that a reasonable person wouldn’t have expected that danger. Also, if the product looked safe and didn’t have any warning labels, that can work in your favor.
“There’s No Defect” Defense
Sometimes, companies just deny the product was defective at all. They argue it worked as intended and that the injury wasn’t their fault.
How to Combat It:
This is where expert testimony can help. Engineers, safety testers, and other professionals can examine the product and testify that it was, in fact, defective. Also, showing that others have had the same issue with the product can strengthen your case.
“Comparative Fault” Defense
In some cases, the defense will try to split the blame. They’ll say, yes, the product might’ve been defective—but the injured person is partly at fault too.
How to Combat It:
Even if you share some blame, that doesn’t automatically kill your case. Many states allow you to recover damages even if you’re partly responsible. You’ll just need to show the company’s fault was greater.
Final Thoughts
Filing a defective product lawsuit is rarely a simple process. Manufacturers and big companies often come prepared with legal teams and ready-made defenses. That’s why it’s so important to know what you’re up against—and to gather strong evidence that tells your side of the story.
Understanding these common defenses is the first step toward building a strong claim. Stay organized, keep records, and don’t go it alone. A good lawyer can help you respond to every tactic thrown your way.
After all, when you’ve been hurt by something you thought was safe, you deserve answers—and accountability.
