Legal Definitions - misuse

Definition: Misuse is a defense used in products liability cases. It means that the plaintiff used the product in a way that was not intended or foreseeable by the manufacturer.

Example: If a person uses a hair dryer to dry their pet after a bath and the pet is injured, the manufacturer of the hair dryer may use the defense of misuse. This is because the hair dryer was not intended to be used on pets and the injury was not foreseeable.

Another example: If a person uses a ladder as a diving board and is injured, the ladder manufacturer may use the defense of misuse. This is because the ladder was not intended to be used as a diving board and the injury was not foreseeable.

These examples illustrate how the defense of misuse can be used in products liability cases. It is important for consumers to use products only as intended by the manufacturer to avoid injury and to prevent the defense of misuse from being used against them in a lawsuit.