Can I recover damages if I used the product in a way not intended by the manufacturer?

Recover Damages

You are under no duty to inspect the product; however, when you are injured due to a misuse of a defective product beyond the normal limit, contributory negligence will be valid and may bar liability.

Manufacturers are required reasonably to foresee the ways their products will be used. Therefore, they are responsible even for injuries arising from foreseeable misuses of their products. Manufacturers are also required to list dangers arising from the product’s misuse. Recoverable damages include:

  • Economic damages, which are medical bills, lost earnings, and other expenses that can be documented with bills, receipts, and employment records;
  • Non-economic damages related to loss of your quality of life, including pain, disability, suffering, loss of enjoyment of life, loss of independence, emotional anguish, and other human losses;
  • Punitive damages, designed to punish the company that designed or manufactured the product when the defect was the result of egregious wrongdoing or blatant disregard for the consumer's life, health, or wellbeing.

For quality legal representation, please contact our personal injury attorneys at Sacramento & Elk Grove-based John M. O'Brien & Associates by calling 1-800-722-4176 or send us an email and someone from our office will be in touch with you shortly.

DISCLAIMER:  This article is not a substitute for legal advice and in no way constitutes legal advice or gives rise to an attorney-client relationship. Adequate counsel is fact-dependent and requires independent analysis and inquiry specific to your situation and circumstances. This article is simply meant as a guide to explain in general and brief terms certain issues and serves to provide general information. Contact John M. O’Brien & Associates at 916-714-8200 if you require legal help or wish to seek legal advice for your specific legal issue(s).