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Pita, Weber & Del Prado Trial Attorneys
  • Personal Injury
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  • Wrongful Death
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  • Medical Malpractice

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.

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