Product Misuse in Product Liability Cases
Posted February 5th, 2021 by Anthony Carbone.
Categories: Product Liability.
Although companies strive to produce products that meet the safety standards, their products sometimes cause bodily harm or product damage to their customers. According to the law, the client has the right to sue for compensation of medical bills, loss of consortium, lost wages, and other damages that may arise. Naturally, the sued party will try as much as possible to avoid paying the claim. A legitimate defense to product liability is abnormal misuse of the product, where they will try to argue that liability lies with the claim. Consult a North Bergen Personal Injury Attorney to help you prove the defendant’s negligence and be rightfully compensated.
Proving negligence in product liability cases
Before looking at the product misuse as a defense for the manufacturer or distributor, it is necessary to know what the plaintiff must show to prove negligence. A claim will stand if the court finds:
- Defective products due to a mistake in manufacturing
- Failure to issue sufficient warnings
- Failure by the manufacturer to recall a product after becoming aware of potential danger
- Problems with the design of a product
What is standard product misuse?
When faced with negligence charges, the defendant will try to build a case that shifts blame to you as the plaintiff. They will argue that their product caused the injury, but it was essentially because you used the product for the wrong reason. For example, suppose you were to suffer an injury while standing on top of a coffee table. In that case, the retailer or manufacturer will argue that you used the coffee table for the wrong purpose, and therefore you are liable for your injury.
Products also include instructions and manuals that come along after purchase. If a swimming pool has warnings informing swimmers not to dive in shallow waters, but they still proceed with it anyway, the defense will argue that the customer did not follow instructions and blame the injury on them. Additionally, in the coffee case, you will most likely face a misuse argument from the defense if the manufacturer had included a warning or manual not to stand on the table.
Alteration in product liability cases
Manufactures include safety parts and other features for your safety in their machines. A product misuse may arise when an injury occurred while the product was missing an essential part. For example, the defense may argue that you removed a protective guard in a saw that was initially meant for your protection. This will shift the liability to your case and make it seem like the injury was your fault.
Using an attorney to prove negligence
The defense may also try to convince the court that the customer was under the influence of alcohol to escape paying claims even when alcohol consumption is irrelevant to the case. These arguments and many other product misuse defenses make it difficult for a plaintiff to win product liability cases independently. The Law Offices of Anthony Carbone will represent you and defend your case until you are compensated for injuries, medical expenses, and other damages. Call 201-829-3829 or book an online appointment today to protect your right as a consumer.