In design defect cases, the danger is inherent in the manufacturer's plans for the product. The product is considered defective if it failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable way. Or, it may be considered defective if the risks inherent in the design outweigh the design's benefits. There is a manufacturing defect, on the other hand, when the product strays from the manufacturer's intended result, no matter how safe the design.
You may also argue that the manufacturer had a duty to warn people of the dangers of using its product. This duty to warn continues to exist even after the product is sold if the danger is potentially life-threatening. Lastly, if you can show that there was either an express or implied warranty, and that the manufacturer breached that warranty, you may be able to prevail on those grounds.
The defendant in a product liability suit may deny liability by arguing that the product was substantially modified after it left the defendant's possession, or that the product's danger was not scientifically knowable at the time. The defendant can also argue that the plaintiff is at least partially at fault because he or she knowingly assumed the risk or misused the product.
Have Your Products Liability Questions Answered by a Alaska Attorney
Whether they're supplying snowmobiles or kayaks, manufacturers have a duty to provide products that are reasonably safe for their end users. If they fail to do so, they should be held accountable for any injuries and property damage that may result. If you've been harmed by a defective product, get more information by talking with a local injury attorney familiar with Alaska's product liability laws.
Contact a qualified attorney.