What is a “misuse” defense to a product liability claim?

A “misuse” defense to a product liability claim is when a defendant argues that the plaintiff used the product in a manner that was unintended or unsuitable for the product’s purpose. This type of defense is usually raised when the plaintiff attempts to sue the defendant for injuries sustained while using the product. In North Carolina, this defense is codified in the North Carolina Product Liability Act. Under the Act, a defendant may assert a “misuse” defense if the plaintiff used the product in a manner that is not the intended use for the product, not clearly foreseeable by the defendant, or if the plaintiff was warned or should have known about the danger presented by misusing the product. For example, if a plaintiff uses a blender in an inappropriate manner, such as attempting to mix metal objects in the blender, the plaintiff may be held responsible for any injuries caused by that misuse. In order for the defendant to successfully prove the “misuse” defense, they must prove that the misuse caused failure of the product and that the plaintiff had a reasonable opportunity to discover and avoid the danger presented by the product’s misuse. If the defendant is successful in their “misuse” defense, the plaintiff may still recover for some costs as long as the product’s misuse was not a substantial factor in bringing about the plaintiff’s injury.

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What is a “misuse” defense to a product liability claim?

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