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Can I sue for product liability if I was using the product in a way that wasn't intended by the manufacturer?

 

A:

You may think that because you were using a product in a way other than how the manufacturer intended that you have no legal recourse if you were injured while using said product. This is not always the case.

Product liability law places a responsibility on designers and manufacturers to have a reasonable expectation that their product is going to be used in ways other than specified or intended
. As such, they must take steps in the design and manufacturing processes to anticipate product misuse in order to protect consumers like you from injury.

For instance, let's say that you suffer a broken tailbone after falling from a chair that collapses while you are standing on top of it. While the chair was designed, marketed and sold as a piece of furniture to be used for sitting, a responsible manufacturer would anticipate that a consumer at some point might also use the chair as a stepping stool to reach a high shelf and so on.

In some situations, there is no cause that a manufacturer or designer could reasonably anticipate a consumer's unorthodox use of a product
. To use an extreme example, if you were to affix wheels to the aforementioned chair to use it as a mobile device and the chair collapsed, causing you to suffer a spinal injury, the manufacturer may not be held liable for your medical bills. In such a case, or similar cases of unusual unintended use, a court may not agree that a manufacturer should have anticipated that use.

Unintended use is a bit of a gray area when it comes to product liability claims. It is truly case-dependent and your Philadelphia product liability lawyer is your best resource for determining where your use of the product in question would fall.  

Contacting a Philadelphia Product Liability Lawyer

Product liability claims can be very complicated and may involve more than one defendant, which may or may not be headquartered within your same state. That's why it's crucial to secure the services of a Philadelphia product liability lawyer who has experience in product liability cases and has the knowledge and experience to identify and track down all responsible parties. 

A Philadelphia product liability lawyer at White & Williams LLP can help you determine issues of liability in a defective product claim and fight for the compensation that you deserve. Before you hire an attorney, order this free consumer report: Injured By a Product? What You Need to Know About Products Liability Litigation in Pennsylvania Before You Hire a Lawyer. Contact us today - 1-877-944-8396.


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