Switch to ADA Accessible Theme
Close Menu
Pita - Weber - Del Prado - Trial Attorneys
Call for a Free Consultation
Personal injury • Wrongful death • medical malpractice
Home > Video FAQs > What will the defendant argue against me in my Florida product liability case?

What will the defendant argue against me in my Florida product liability case?

Video Transcription:

One of most common defenses that you see in product liability cases is misuse. Where the defense claims you misused the product as it was originally intended to be used. You used it in some other way that we never foresaw. The debate becomes, “Was the misuse foreseeable misuse or not?”

For example, let’s suppose it’s a tire case. The tire blows out on you and you’re exceeding the speed limit by 20 miles an hour. The manufacturer claims, “Well, gee. That was a misuse of the product.” Not true. Because traveling 20 miles over the speed limit is actually a foreseeable use of the product. That is the kind of argument we use to defeat the so-called misuse defense.

Share This Page:
Facebook Twitter LinkedIn

© 2019 Pita, Weber & Del Prado. All rights reserved.
This law firm website and legal marketing is managed by MileMark Media.