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Products Liability – Use/Misuse

February 6, 2014 By Don Schlapprizzi Leave a Comment

Products liability – personal injury litigation remains an active aspect of our judicial system.  Virtually universally the defense seeks to escape responsibility by alleging that the injured party’s injury was due to an abnormal use of their product.  While an abnormal use might occur (not the precise anticipated use), this does not allow the seller to escape liability when the injury occurs from a “foreseeable misuse” of the product.  This means that if the seller reasonably anticipated that because of the nature of the product, it was to be anticipated that the product would be misused in certain ways, the seller can be liable if the injury occurred from what was anticipated by the seller to be a potential misuse.  It is important to keep in mind that a misuse that is foreseeable can also be utilized as a strict liability theory of recovery.

Filed Under: Personal Injury, Product Liability, Trial Attorneys, Uncategorized

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