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Damien Bosco
Damien Bosco, Attorney
Category: Business Law
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How to defend the case by negligence.. The case is the

Customer Question

How to defend the case by negligence.. The case is the consumer have side effects by the product producer elite fashion cream.. So the consumer Sue the company by negligence. The company need to defend the case by negligence
Submitted: 2 months ago.
Category: Business Law
Customer: replied 2 months ago.
the consumer have side effects by using the company product and the consumer Sue the elite fashion cream company by negligence. So the company need to defend the case by negligence.
Expert:  Damien Bosco replied 2 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 2 months ago.

Is this case related to the United States?

Customer: replied 2 months ago.
no in malaysia
Expert:  Damien Bosco replied 2 months ago.

I can only review with you generally defenses to negligence claim under United States law. Let me know if you are still interested.

Customer: replied 2 months ago.
I need defence by negligence only
Expert:  Damien Bosco replied 2 months ago.

Generally, your general defense would be that the product did not cause the side effect; something else did.

Also, a defense would be that the plaintiff misused the product.

Where the plaintiff is injured due to an unreasonable misuse of a defective product, contributory negligence will be valid and may bar liability. See McDevitt v. Standard Oil, 391 F.2d 364 (5th Cir. 1968).

Comparative negligence is a valid defense. Most jurisdictions that have adopted comparative negligence will reduce the plaintiff’s recovery in these cases to reflect the fact that plaintiff contributed to his own injuries. See Rudisaile v. Hawk Aviation, Inc., 592 P.2d 175 (N.M. 1979).

Finally, assumption of the risk is also a valid defense. A plaintiff who knows the danger of using a certain defective product and continues to use the product anyway may be held to have assumed the risk. However, in order for assumption of the risk to be a viable defense, the plaintiff must have actually known of the particular danger involved in using the defective product and voluntarily continued to use that product anyway.

If you want to discuss further please let me know.

Expert:  Damien Bosco replied 2 months ago.

Hello again: I am following up to see if you still need further help. If so, please let me know. If not, I hope that I have provided excellent service and, if so, would love you to give me a rating between 3 and 5 stars for the service I provided to you. Best regards.

Customer: replied 2 months ago.
Sir.. Sorry late reply.. Sir I need some more 3 point.. Can I get??
Expert:  Damien Bosco replied 2 months ago.

Possibly. What is your follow up question?

Customer: replied 2 months ago.
Same case about negligence.. I need 3 more points in the same case
Expert:  Damien Bosco replied 2 months ago.

I am not following you. What do you need you need 3 more points? What are you referring to?

Customer: replied 2 months ago.
How to defend the case by negligence.. The case is the consumer have side effects by the product producer elite fashion cream.. So the consumer Sue the company by negligence. The company need to defend the case by negligence..this the case
Expert:  Damien Bosco replied 2 months ago.

Did you read the answer that I provided to you on October 27th?

Customer: replied 2 months ago.
but I still need some more 2points
Expert:  Damien Bosco replied 2 months ago.

Okay. This sounds like you want an extended Q&A session. I will provide you with an Offer for the Premium Service where you can continue to ask follow up questions beyond the scope of the original question. Once you accept it, we can continue.