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In a product liability tort lawsuit is the manufacturer automatically liable for all injuries caused by their product even if the injury was caused by ridiculous and unreasonable misuse?
Wiki User
∙ 15y ago
No, not automatically. Depending upon where the injury occurs, there may be "strict liability" or the victim may have to prove "negligence".
On the issue of mis-use: the question may go into what is the expectable mis-use, say, where a medicine is "known" to treat conditions not on the label. If there is a negligence standard, it is possible to defend by showing contributory (or comparative) negligence by the victim. If there is strict liability, the manufacturer is liable for any injuries caused by the product which would not have otherwise occurred (had the product never been sold).
If a product was not used according to the directions on its package or instruction manual, then the product manfacturer would not be liable for the injuries.
Wiki User
∙ 15y ago
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Current Liability
