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

An “abnormal use” defense to a product liability claim is a legal defense that can be used for a manufacturer or seller of a product that causes injury or harm to a customer. The defense revolves around whether or not the customer used the product in an “abnormal manner” rather than the intended use. This defense can be used to absolve the manufacturer of responsibility in cases where a customer misuses or otherwise abuses a product. For example, let’s say a person purchased a lawnmower and then used it to cut down tree limbs. The manufacturer should have no responsibility if the person is injured while using the lawnmower for something other than its intended purpose. In Maryland, an abnormally use defense is available, but only in certain cases. The defense will not be successful if the product was used for its intended purpose but had a defect. Likewise, the defense is not available if the manufacturer or seller caused any part of the abnormal use. Ultimately, the abnormally use defense absolves an otherwise negligent party from responsibility when the customer has used the product in a way other than its intended purpose. It is important to note, however, that the defense is not always available, so it is important to review the specific facts of the case before assuming it will be successful.

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

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