Q: If a tool I was using has a known defect but I also misused it when I got injured, does that negate any claim I might
A: A full answer would require additional consultation. However generally speaking if you "misused" the product, it will make your claim difficult. Under Idaho law, a jury would ultimately be asked to proportion the negligence of both you and the manufacturer (or possibly the retailer/distributor). If a jury finds that you are 50% or more at fault for your "misuse" and the manufacturer is 50% or less at fault for the defect, you would not recover anything. If the manufacturer is 51% or more at fault, you could recover that percentage of the total damages that the manufacturer is responsible for (i.e. manufacturer is 75% at fault and jury finds you were damaged $100,000.00, you could recover $75,000.00). It really depends on the specific facts of your case, what the product was intended to do, and how you were using it when you got injured. You should consult with an experienced personal injury/product liability attorney for more details.
A: There aren't details here about the manner of the misuse. Many product liability attorneys give free consultations and it could be worth your time to allow an experienced attorney to evaluate your use of the product, considering such factors as the extent of warnings and how such tools are similarly used in the industry.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.