Q: Is it true that I might not be able to get my medical bills paid if I misused a defective power tool that injures me?
That's what the maker is claiming.
A: Generally speaking, misuse is a complete defense to a claim for strict product liability so long as the misuse was not foreseeable by the manufacturer. That said, I suggest speaking with an attorney that practices Product Liability since the facts of your particular injury may lead to liability against the manufacture and those that placed the product into the stream of commerce.
An experienced product liability attorney in your state might be in the best position to evaluate your conduct with the manufacturer's allegations that such conduct amounted to misuse.
Any insurance company will say that. Contact a member of the CAOC who handles product cases--they give free consults.
Generally, if the misuse is forseeable it may not shield the manufacturer. Get a free consult.
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