What is an “abnormal use” defense to a product liability claim?

An “abnormal use” defense is a type of defense used to protect a company from a product liability claim in California. This defense holds that the product was used in a way that was unexpected or outside the intended use of the product, and that the manufacturer or seller of the product should not be liable for the damage it caused. For example, if a person purchases a toaster and uses it as a hammer, the company that made the toaster could use an abnormal use defense to refute any potential claims for damages caused by the misuse. The abnormal use defense claims that the toaster was not intended to be used in such a way, and therefore that the company should not be liable for the damages caused by this misuse. The burden of proof is on the defendant in such cases. In other words, the manufacturer or seller must prove that the product was used abnormally in order to successfully invoke this defense. For example, a manufacturer may need to prove that the instructions for use were prominently displayed and that the product was clearly marked as unsuitable for use as a hammer. In California, if a company successfully invokes this defense and proves that the product was used abnormally, the plaintiff may not be able to recover damages from the company. It is important to note, however, that liability may still exist if the normal use of the product is proven to be unsafe.

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