The defendants will most likely try to argue that you were being irresponsible or negligent while using their product. They may also try to prove that you were not following the proper instructions and using the product in a way that it was not intended to be used. It’s possible that if you were injured but you were negligent and partially responsible for your injuries you may only receive partial damages from the defendant, called “comparative negligence” or “comparative fault”. In some cases you can be negligent but still receive full damages if your negligence did not cause your injuries. For example, if you are intoxicated and fall into an elevator shaft because the elevator did not arrive at the floor properly by the time the doors had opened.
What are the defendants likely to argue against my case?
