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

A "product misuse" defense to a product liability claim is an argument that a plaintiff failed to use a product according to its instructions or warnings and thus caused their own damages or injuries. In South Carolina, this is one of the defenses that could be raised by a defendant who is accused of producing or selling a defective or dangerous product. In order to successfully raise this defense, the defendant must be able to show that the plaintiff used the product in a manner that was not intended or that the plaintiff failed to heed any warnings or instructions provided by the manufacturer. This would then shift the responsibility of the plaintiff for their own harm. For example, if a product contained explicit warnings or directions not to use in direct sunlight but the plaintiff used it in that way, the defendant could raise the product misuse defense. This is a complicated legal defense that requires evidence and knowledge of the product, the warnings or instructions given, and how the plaintiff used the product. It is important to contact an experienced South Carolina product liability attorney as soon as possible to discuss the specifics of a case and the best legal strategy.

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

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