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.
There are, however, exceptions to this rule. The major exception is when a plaintiff “assumes the primary assumption of risk.” This means that the user was engaged in an activity that was inherently dangerous and therefore assumes the risk. Using the saws above, a manufacturer would not be liable if someone were injured juggling the saw. This is something that is inherently dangerous that a manufacturer can’t really prevent. Therefore this person would not be able to argue that the manufacturer was responsible for their injuries.
Product liability injuries can be extremely serious. These can lead to serious burns, broken bones, and other injuries. An injury attorney can review the facts of your case to determine if the manufacturer was responsible. If so, they will make sure you are fully compensated for your injuries.
At Davis Law Center, we have helped many clients after being injured by a defective product. For a free consultation with a product liability lawyer, contact our office right away.