Defenses and Affirmative Defenses
Product and Tort Defenses
Misuse is a defense where the use was not reasonably foreseeable. Foreseeable misuse must be designed or warned against, so only unforeseeable use defeats liability.
It may operate as a complete defense or reduce recovery.
Alternative Names:
Unforeseeable Misuse, Improper Use Defense
Why it Matters?
Foreseeability is what determines whether misuse defeats the claim, and manufacturers are expected to anticipate uses that are common even if contrary to instructions. Evidence that the manufacturer knew of the practice, that it appeared in complaint records, or that industry publications discussed it defeats the defense. Genuinely unforeseeable use remains a strong defense but the category is narrower than manufacturers assume.
Frequently Confused with
Frequently asked questions
What makes misuse a defense?
What evidence defeats the defense?
