Bakersfield, CA asked in Products Liability and Personal Injury for California

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.

3 Lawyer Answers
Jonathan S. Dennis
Jonathan S. Dennis
PREMIUM
Answered
  • Products Liability Lawyer
  • Los Angeles, CA
  • Licensed in California

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.

Tim Akpinar
Tim Akpinar
Answered
  • Products Liability Lawyer
  • Little Neck, NY

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

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Products Liability Lawyer
  • Wyomissing, PA

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.

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