Consumers misuse products every day. Often, this is relatively harmless and doesn’t put anyone’s safety in jeopardy. There are times, however, when this misuse actually does cause injury. Manufacturers need to anticipate some forms of misuse in order to protect the public in general. These fall under “foreseeable misuse” and they can lead to compensation for the injured party. A product liability lawyer can examine your injuries to determine if the manufacturer should ultimately be held responsible. If so, they will aggressively fight to get you the money you deserve.
Foreseeable misuse refers to a misuse that should be reasonably foreseen by a manufacturer. For instance, most ladders warn people not to stand on the top step. But it is foreseeable that some people might ignore this warning and stand on that step. Therefore the ladder manufacturer needs to be aware of this and make sure that it can support an adult’s weight. In spite of this foreseeable misuse, people should certainly follow manufacturer’s specifications and recommendations for using a product.
Also, there is a concept called “primary assumption of risk” that may mitigate any foreseeable misuse. Assumption of risk means that a person is engaged in an inherently risky behavior that the manufacturer can’t be held responsible for. An example, using the ladder above, might be the ladder breaking during a backyard wrestling match. The manufacturer can’t be responsible is someone wants to use their ladder as a wrestling prop, and since wrestling inherently has risks, they likely would not be responsible for injuries. An attorney can review the facts of your case to determine if this exception might apply.
Product liability injuries can be extremely serious. They have been known to cause serious burns, permanent disfigurement, and other life-changing injuries. When these occur, an injury lawyer can help make you as whole as possible from the injuries.
If you have been injured by a defective product, contact Johnson Law right away. Our product liability lawyers have helped many clients get the money they deserve after an injury. For a free consultation, contact our office today.
