Can a Company Still Be Liable if You Misused the Product?
If you were injured by a product but did not use it exactly as the instructions said you should, you may still have a valid product liability case. In California, product misuse does not always stop you from getting compensation. State law requires manufacturers to make and sell products that are safe for normal and reasonably expected use. When they fail to do so, they can be held responsible. At Tahmazian Law Firm, P.C., our Glendale, CA product liability lawyers help people who have been hurt by defective or unsafe products understand their rights.
What Does "Product Misuse" Mean in a California Injury Case?
"Product misuse" refers to using a product in a way that the manufacturer did not intend. For example, standing on a chair to reach a high shelf or adding parts to a power tool could count as misuse. Even when misuse occurs, manufacturers still have legal responsibilities to keep their products reasonably safe.
According to California Civil Code § 1714, everyone has a duty to act with reasonable care to avoid harming others. That duty applies to manufacturers, too. A company must think about how its products will be used in real life. If certain mistakes or risky uses are common or easy to predict, the company should include warnings or safety features. If it fails to do that, it can still be held responsible even if you did not use the product exactly as intended.
Does Misusing a Product Automatically End Your Right to Compensation?
California law generally does not hold companies responsible for injuries caused by products that are inherently dangerous and intended for trained or professional use — as long as the product is properly designed and includes adequate warnings
If the way you used the product was something the company could have expected, the company may still be liable for your injuries. For example, if a phone charger overheats when used with a common adapter, that is something the company could predict. The company may still have to pay for your injuries if it failed to include proper warnings or make the charger safer.
Examples of Foreseeable Product Misuse in Real Life
When an injury happens because of a predictable risk, the company can still be held responsible. Here are some examples of situations where "misuse" may still lead to liability:
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A person uses a folding chair to replace a light bulb, and the chair collapses.
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A space heater without a tip-over shutoff switch falls and ignites nearby fabric.
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A curious child swallows a small battery that came loose from a toy.
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An airbag fails to deploy after a minor aftermarket car modification.
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Someone mixes household cleaners that create harmful chemical fumes.
How Does Comparative Fault Work in California Product Liability Cases?
California follows a pure comparative negligence system established in Li v. Yellow Cab Co. According to this rule, you can still recover damages even if you were partly at fault for your injury. Your award will just be reduced by your percentage of responsibility. For example, if you are found 25 percent at fault, you can still recover 75 percent of your total compensation from the responsible manufacturer or seller.
Schedule a Free Consultation With an LA County, CA Product Liability Attorney
California law protects consumers when companies fail to make safe products or provide proper warnings. At Tahmazian Law Firm, P.C., we have more than 30 years of experience helping clients in many types of injury cases. We will review the facts in your case and guide you through every step of the legal process. Call 818-242-8201 to schedule a free consultation today with a Glendale, CA product liability lawyer who can help you build a claim for fair compensation.
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