Defenses to Product Liability Claims

Product Misuse

A person injured by an allegedly defective product may not be able to recover damages if it is shown that he or she misused the product, or used it in a manner other than that which is expected. Products are generally designed to be used a certain way and serve a specific function. A manufacturer of a product is not liable if an individual is injured while using a product in a way other than the way it is supposed to be used. The key question is whether the misuse was foreseeable to the manufacturer, since manufacturers of products are required to recognize that some type of misuse by users of their products is expected, and thus the products are required to be designed to avoid foreseeable misuse. The defense of misuse is essentially a defense based on causation (and comparative negligence in non-strict liability negligence cases).

Example: A toaster oven is used to heat food, not warm mittens. If you use a toaster to warm mittens, and it subsequently causes a fire or causes serious burns to your hands, you cannot sue the manufacturer for a defective product because you didn’t use the toaster the way it was meant to be used, or in a manner which would be foreseeable to the manufacturer.

Product Alteration

If you substantially alter a product after you purchase it, and the product then causes you physical injury, you generally cannot sue the manufacturer alleging that the product was defective.

Example: If you purchase a power saw that has a safety guard covering the blade to prevent injury to your fingers, and you remove the guard because you feel it makes the saw more difficult to use, if you continue to use the saw and cut one of your fingers off, the manufacturer would not be liable.

Control Of The Defendant

In order to recover for injuries caused by a product, it must be shown that the product was defective at the time it left the control of the party against whom a claim is made. As such, in the case of a manufacturer, the product must have been defective at the time it was sold and delivered to a wholesaler. In the case of a wholesaler, that time would be when the product is sold and delivered to a retailer. With a retailer, that time would be when the product is sold and delivered to a consumer. In most design defect cases, the product is alleged to be defective at all times, since the theory is that a fundamental design flaw renders the product unreasonably dangerous- regardless of who’s hands it is in. Needless to say, if the condition of a product changes so as to render the product unreasonably dangerous after the product has left the control of a particular party in the chain of commerce, that party cannot be held liable for damages caused by the product, unless the change was reasonably foreseeable within the scope of the intended use of the product.

For more information about product liability claims, or if you would like to schedule a free consultation, call our experienced Cleveland product liability lawyers by calling (800) 365-0001. Don’t try to go this alone. Get the experienced, professional guidance you need to win your case.

Call: 1-800-365-0001

The Conclusion

The attorneys at the Eshelman Legal Group understand that no matter how cautious you are, others may not be so careful, and accidents do happen. So we hope you don’t need to, but if you are in a situation where you need the advice of an personal injury attorney, the Eshelman Legal Group is here to help you. For over 40 years we have been assisting accident victims, and we are here to assist you too... because “We’ll make things right.”

Ask yourself this question… who does the adjuster work for? The adjuster works for the insurance company, they do not work for you.

In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the Statute of Limitations. If you or a loved one is a victim of personal injuries, call Eshelman Legal Group LLC, now at 1-800-365-0001. The initial consultation is free of charge, and if we agree to accept your case, we will work on a Contingent Fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

Call: 1-800-365-0001

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