Countering The Accusation That You Didn’t Use The Product As Intended
If you will be filing a personal injury claim against a product manufacturer, one obstacle you might encounter is the product manufacturer arguing that you did not use the product as intended. If this is the case, the argument might be made that you're not entitled to compensation for your injuries.
Examines of a Product Not Being Used as Intended
If a patient receives a prescription and doesn't take the prescription as instructed, the manufacturer of the prescription cannot be held responsible for any health problems that result. This type of case can become complicated because you must determine whether using the product as intended would have made a difference.
Also, if the product is misused by another party and you are injured, the party that misused the product may be at fault. For example, if poor workmanship leads to your house collapsing and you becoming injured, the company that supplied the work tools might not be responsible. A product claim attorney will help you pinpoint who is truly responsible.
The Product Was Defective
One complication is when the product is defective and you were also not using it as intended. A product claim attorney will help determine whether your injuries were the result of the defective product or the fact that the product was not properly used.
Also, if the manufacturer could reasonably expect that the product would be used in a particular way, it should be designed to not fail when used in this manner. If this is the case, your attorney might argue that the manufacturer is at fault for your injuries.
In some cases, a product might seem like it could reasonably be used in a particular way but it is not actually safe to use it as such. For example, some products might be safe to apply topically but should not be applied over an open wound.
If the product does not come with a warning label and you use it, you may be able to argue that you were injured due to there not being a warning label. Even if there is a warning label, your product claim attorney might argue that it was not clear enough.
The Instruction Manual
Some products are difficult to understand and can be dangerous if not used properly. Your attorney might argue that the product is too dangerous to be on the market without providing the user with instructions on how to use the product as intended. For more information, contact a product claim attorney.