What is an “abnormal use” defense to a product liability claim?
An “abnormal use” defense to a product liability claim is a legal principle in Washington state that states that manufacturers can only be held liable for a customer’s injuries if the customer’s use of the product was foreseeable. This means that if the customer used the product for a purpose that the manufacturer would not have expected or reasonably anticipated, then the manufacturer cannot be held responsible for any resulting injuries that may have occurred. For example, if a customer purchased a broom and then excessively overloaded the broom’s handle, causing it to break and injure the customer, then the manufacturer would likely not be held liable for the customer’s injuries. The manufacturer could argue that the customer’s use of the broom was abnormal and not foreseeable, and as such, the manufacturer should not be held liable for the injury. Washington follows the “strict liability” rule for product liability claims, which means that manufacturers are held accountable for any injuries caused by their products, regardless of how the product was used. However, the “abnormal use” defense provides an exception to this rule. By invoking the “abnormal use” defense, manufacturers can limit their liability if they can prove that the customer’s use of the product was not foreseeable.
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