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

A “product misuse” defense is a legal defense to a product liability claim that states the plaintiff improperly used, or misused, the product. In Pennsylvania, a product misuse defense typically argues that the product would not have injured the plaintiff if it had been used as it was intended. For example, say a person purchases a lawn mower and uses it to cut down a tree. If the lawn mower malfunctions and the person is injured, the manufacturer might be able to claim a product misuse defense. This defense would argue that the product was not intended to cut down trees and that the plaintiff, by misusing the product, caused his or her own injury. The product misuse defense is one of several defenses available to product liability defendants in Pennsylvania. Other types of defenses include assumption of risk, comparative negligence, and product modification. In analyzing these defenses, the court will consider the circumstances surrounding the injury. It will consider such factors as the age and experience of the plaintiff, the instructions or warnings accompanying the product, the product’s design, and whether the plaintiff met the product’s intended use. Ultimately, the product misuse defense is a tool for defendants to raise in order to argue that the plaintiff, rather than the defendant, was responsible for the injury. This defense may be successful in some cases, but it often depends on the unique facts of each case.

Related FAQs

What are the elements of a strict liability product liability claim?
What is a “product alteration” defense to a product liability claim?
How do I file a claim under Dangerous Products Law?
What are the defenses to a strict liability claim?
When can I file a claim under Dangerous Products Law?
What is the “state of knowledge” defense to a product liability claim?
How can I tell if a product is defective?
What is the “consumer expectation” defense to a product liability claim?
What is a breach of warranty defense?
What is a comparative negligence defense?

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

Related FAQs

Related Blog Posts