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

An “abnormal use” defense to a product liability claim is a defense used by manufacturers or designers of a product in an attempt to avoid liability. In the state of Oklahoma, a manufacturer or designer may claim an “abnormal use” defense if a product was used beyond its intended purpose and in a manner that the manufacturer or designer did not design the product for. Generally, an “abnormal use” defense to a product liability claim can be successful if the manufacturer or designer can demonstrate that the use of the product was substantially different from the intended purpose of the product or from how the product is generally used. For example, if a person is injured while using a power tool in a way that it was not designed to be used, the manufacturer of the power tool may be able to successfully claim an “abnormal use” defense to any product liability claim. If the manufacturer can prove that the product was misused beyond its intended purpose, then the manufacturer may be able to avoid liability. Likewise, if a product is modified in some way and that modification results in injury to the user of the product, the manufacturer may also be able to claim an “abnormal use” defense to a product liability claim. In order to claim an “abnormal use” defense to a product liability claim, the manufacturer must be able to show that the product was still used beyond its intended purpose or that the modification caused or contributed to the injury.

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

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