Detroit Injury Lawyer Blog
When someone is injured by a product, one aspect the jury will look at it just how the person was using it. If the person was using the product completely as intended and was injured, then liability likely won’t be in question. But if someone was using the product in a way that was not intended, the manufacturer may not be liable. As exception to this could be foreseeable misuse. A Detroit product liability lawyer can examine your injuries to determine liability. If it seems the manufacturer is liable, the attorney will aggressively fight to get you every penny you deserve.
Foreseeable misuse means that a consumer was using in a way that was not necessarily intended but could be reasonably anticipated by the manufacturer. Because consumers use products all the time in ways that aren’t necessarily intended, this gives society some measure of protection against defects that should be caught by manufacturers.
An example might be an electrical saw that is intended to be used going with the grain of the wood. A foreseeable misuse might be a consumer cutting against the grain instead. The manufacturer can reasonably foresee that a person might use this saw in such a way; therefore, they should take all measures possible to prevent a malfunction that could injure the consumer. Even though the user was not following the exact specifications of the saw, they might still be eligible to recover damages from this foreseeable misuse.