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3.10-4 Product
Liability - Misuse of a Product
Revised to January 1, 2008
The defendant has raised as a special
defense the claim that the harm suffered by the plaintiff was caused by the
plaintiff's misuse of the product. Specifically, the defendant alleges that
<explain allegations>.
A person misuses a product if (he/she)
uses it in a manner or for a purpose that is beyond or outside the normal use
for which the product was designed or intended and that was not reasonably
foreseeable to the seller.
[<If there is a claim of use
contrary to warnings:> A person also misuses a product if (he/she) uses it
in a manner than is contrary to the warnings or instructions provided with the
product.]
If the plaintiff has proven that the
product was defective AND the defendant has proven that it was misused, then you
must determine the extent to which the defect and the misuse each contributed to
causing the plaintiff's injuries.
If the defendant has proven that the
plaintiff's injury was proximately caused solely by (his/her) misuse of the
product, then the defendant is not liable, even if the product was defective in
some way.
<Insert charges on proximate cause
and on comparative responsibility where both user and product seller may be
found to have contributed to causing the injury.>
Authority
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