Misuse defeats a product claim where the use was unforeseeable. Foreseeable misuse must be designed against or warned about, so contrary-to-instruction use that manufacturers anticipate does not bar recovery.
It may reduce rather than bar recovery under comparative principles.
Alternative Names:
Misuse Defense (Products), Abnormal Use
Why it Matters?
Manufacturers are expected to anticipate common misuse, so the defense turns on whether the specific use was outside the range of reasonably foreseeable conduct rather than whether it violated instructions. Complaint records, warranty claims, and field service reports documenting the practice defeat the defense by establishing knowledge. Where misuse is foreseeable, the analysis shifts to comparative fault rather than a complete bar.
Frequently Confused with
Related terms
Frequently asked questions
Does violating instructions establish misuse?
What evidence defeats the defense?
