As you work to build your product liability case in Florida, you may learn about foreseeable misuse. Product liability laws provide a clear description of what a manufacturer, retailer, or other may be liable for when selling a product that leads to someone’s injury or other loss.
Foreseeable misuse is a term that means “capable of being seen or expected.” In some cases, this could be used as a component of your case.
At Lytal, Reiter, Smith, Ivey & Fronrath, our attorneys work closely with clients who are facing a wide range of losses stemming from product liability matters. Our Florida product liability attorneys can offer specifics on how well this claim may work in your situation.
What is foreseeable misuse?
Foreseeable misuse is the use of a product or system in some way in which the manufacturer did not intend. However, under this premise, the manufacturer should have predicted that someone would use the product in this way and therefore put people at risk in doing so.
Consider some examples of how foreseeable misuse can occur:
- Lifting a lawnmower while the blades are still running
- Using a grill in a home
- Using a chemical product in an area where food is prepared
- A child may climb on a dresser, causing it to topple over from the weight on one side
- A person may try to use an electronic device while in the shower
When machinery, systems, tools, or other items are used in the wrong way, it can cause injury to a person. That injury may be incredibly damaging, including leading to serious health implications.
In these situations, the law expects that the manufacturer could have expected that, thanks to human behavior, the action could take place. They could have – and therefore should have – expected the outcome that took place. In this situation, where the manufacturer can anticipate such risks, they must provide warnings to deter that use. If they fail to do so, the business may be held liable for the losses incurred.
Can the manufacturer claim this defense?
It is possible for the defense to use unforeseeable misuse (the opposite of foreseeable) as a reason they should not pay out on a claim. For example, if a company provides ample warnings about the misuse of the item, and the consumer misuses the item anyway or may even do so deliberately, that could mean the manufacturer is not liable.
Does foreseeable misuse work in my case?
If you are like many people, you may have used a product in a way that you should not have, and that product led to your injury, but you did not know there was a risk. If that occurs, the manufacturer may have failed to provide an effective warning of what could happen, and that means the manufacturer is liable for the losses you have. That could include your medical bills, disfigurement, long-term rehab, and pain and suffering.
Let our attorney offer insight into your rights under the law
A top-rated Florida product liability attorney from our firm can provide a free consultation to discuss what occurred in your situation as well as what legal steps you can take to recover damages from those losses. There is no way to know what your best legal strategy is until we speak to you and learn the details of your case.
We are happy to do that. Set up a free consultation by calling our legal team at (561) 655-1990. Our attorneys can provide you with the support you need when you are not sure what legal options are available.