I’m confused about how to approach product liability cases. I’ve put together a lot of information that I think is relevant, but am not sure what the best way to present it is. Here’s my problem: Suppose you’re in an accident where your car slams into another car, and both cars are insured by the same company (a major insurer). The other driver files suit for damages against your insurance company claiming they were at fault (they say you ran over them), but also demanding $X million dollars in compensation under their own policy for damage to their vehicle. Do they have any chance of success?
How can an attorney help me with this? And do you need a lawyer when dealing with these types of claims after the fact? What exactly is involved in bringing suit on behalf of someone else who might be filing suit against us? Thanks very much! — J.S., New Jersey Dear J.S.: You may wish to check out our article “Product Liability Lawsuits” which discusses some possible defenses for companies whose products cause injuries or property damage when used as intended–including whether there was contributory negligence by users or victims; defective design, construction defects, warnings/instructions failures; failure-to-warn injuries caused by drugs that contain toxic ingredients such as acetaminophen or aspirin; and contributory negligence lawsuits based on intentional misuse such as battery causing harm because one person intentionally shoved another into walls repeatedly while intoxicated.–Editor Reply: Dear J.