What Happens If You Misuse a Product and Get Injured?

You’ve been injured by a product, but there’s a problem—you weren’t using it exactly as intended. Now the medical bills have added up and become unaffordable. You know that using the product caused the injury. So you’re left wondering: can you still sue if you misused the product?

As an experienced personal injury attorney, I get this question a lot. The answer depends on a few key factors. In many situations, yes, you may still have a product liability case. Here’s what you need to know.

What Counts as Product Misuse?

Product misuse happens when you use an item in a way that wasn’t intended or recommended.

Some examples include:

  • Standing on a chair meant for sitting
  • Using a kitchen knife as a screwdriver
  • Overloading an extension cord with too many devices
  • Using a child’s car seat in a way not described in the manual
  • And so many more.

Manufacturers will often try to use “misuse” as a defense, claiming your injury was your fault. But that’s not always the end of the story.

Product Liability Laws: When You Can Still Sue if You Misused the Product

Product liability is an area of law that deals with injuries from using items. At our firm, we represent people all the time who’ve been injured by dangerous equipment or malfunctioning products.

But not every case is black and white, because there are a lot of ways people use (and misuse) the things they own.

Even if you misused a product, you may still have a case if:

1. The Misuse Was Foreseeable

Manufacturers have a duty to anticipate common misuses and design products accordingly. If the misuse was something any reasonable person could predict, the company may still be liable.

Let’s look at an example. Say a chair collapses under the weight of a person standing on it. This would technically be a misuse, but it’s also common knowledge that many people use chairs this way.

If the manufacturer knew this was common and didn’t reinforce the structure, you may still have a valid case.

2. The Product Lacked Proper Warnings

If a product is dangerous when used a certain way, the manufacturer should always provide clear warnings. If they didn’t, they could be responsible for your injury.

So for example, let’s say a certain cleaning product produces toxic fumes when mixed with another common household cleaner, but the label doesn’t mention it.

Sure, you aren’t supposed to mix cleaning products. But many people might not realize that doing so could cause serious injury or even death. If, say, you suffer lung damage after unknowingly mixing them without any warning from the manufacturer, you may have a claim.

3. The Product Was Defective

If a product is defective—either in design, manufacturing, or marketing—you may still have a strong case, even if you weren’t using it exactly as intended.

Consider a blender that has a faulty safety lock and turns on while you’re trying to clean it.

Even if you were supposed to unplug it and not touch the blades while cleaning it, a defect like this could make the manufacturer liable.

When Misuse Might Hurt Your Case

Not all misuses are protected under the law. If your actions were extreme, reckless, or completely unforeseeable, your case may be harder to win.

For example, if you used a power drill to open a can of soda and got injured, the manufacturer could argue they had no way of predicting someone would use it that way.

You may also hold partial blame in some states. In my home state of Tennessee, we have something called comparative fault. This means that when you file a personal injury claim, the courts can look at how much fault you had versus the manufacturer. If you share some of the fault, it can affect how much the company might be liable.

Darrell CastleA Lawyer to Help Answer Your Questions

So how do you find out once and for all if you can sue if you misused the product?

If you’ve been injured by a product—whether you were using it as intended or not—the best thing you can do is talk to an attorney. Every case is different, and you may have more options than you think.

Product liability cases can be extremely nuanced and hard to prove. Fortunately, our team is up to the challenge. We’ve taken on some of the largest companies in the world, and won. We know how to fight against manufacturers who try to blame the victim.

What’s more, our attorneys offer a free consultation where we can talk with you about the potential of your case. So even if you have concerns about whether you have grounds for a lawsuit or not, you have nothing to lose by talking with us about it. We don’t make anything less until we win your case.

To get started, reach out for a free consultation or call us at 901-327-2100. Let’s talk about your options and see how we can get you the compensation you deserve.