Can I file a West Virginia product liability claim if I was using a product in a way that wasn't necessarily intended by the manufacturer?
Using a Product in a Way Not Intended
Some people mistakenly believe that just because a product was used in a way not intended that they cannot file a product liability claim if they have been injured. These types of claims will vary on a case-by-case basis but there are some circumstances in which a designer or manufacturer may be liable.
When it comes to the design and manufacturing of a product, it is to be expected that individuals may use it in a way not intended, to some extent. This means that the designer and manufacturer of a product must take that into consideration when creating the product.
Keeping the protection of consumers in mind is part of the responsibility of a designer and manufacturer, which means considering the foreseeable ways a product may be misused.
An example of this may include an individual who sustained injuries from using a chair to change a light bulb. Although the chair is intended to be used for sitting, there is a reasonable expectation that an individual may use it to help them reach something high. In this example, the chair's designer and manufacturer must have taken that into consideration in order to prevent injury.
There are also circumstances in which a designer or manufacturer would have no reasonable expectation that a product could be used in an unintended way. For example, if you were injured by cutting the legs off of the chair and attempting to use it as a floatation device, the manufacturer would likely not be liable for any of your injuries or expenses.
Complications with a West Virginia product liability claim will arise if you altered the product in any way, especially if that alteration contributed to a misuse of the product.
The complexity of this type of claim is why consulting with a Clarksburg product liability attorney is the best way to determine if you should file a West Virginia product liability claim.
Contact a Clarksburg Product Liability Attorney
The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 304-326-1800.