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.
A:
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.
Tim Akpinar
A:
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.
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.
