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Being prepared for defenses is crucial in asbestos litigation

When people have been injured or killed by a dangerous or defective product, they and their family members can often see so clearly that the product caused damage and they can be completely convinced that the maker of that product should be held responsible. 

Unfortunately, this isn't how the situation always plays out when people are involved in a product liability dispute. In fact, it is very likely that you could be up against a party that has a defense for every claim you are making. This can be enormously frustrating if you are not prepared for these counter-statements.

When it comes to asbestos litigation, for example, you could be facing numerous companies who manufactured, sold or designed a product which you argue led to a serious illness. Each of the parties named in a suit may go to great lengths to avoid taking any legal or financial responsibility for damages caused by a dangerous product.

For instance, one company might state that an illness wasn't caused by one of their products, but by another similar product. They could also claim that they are not legally responsible for a defect and push the blame onto the other parties involved.

There are also cases when the parties named in a lawsuit will try and pin the blame on a victim, claiming that he or she was not using a product in a reasonably appropriate manner. Or they may argue that they took appropriate steps to warn consumers of the dangers of a product but the victim ignored the warnings.

Any one of these defenses can prove to be enormously frustrating for victims and their families who have suffered as result of a dangerous product. However, with the knowledge, guidance and experience of an attorney familiar with asbestos litigation, it can be possible to anticipate these defenses and prepare a strategy to challenge them.

Source: FindLaw.com, "Legal Basis for Liability in Product Cases," accessed on Sept. 8, 2015

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