MBE Rules · Torts
Product Misuse
Product misuse
The rule
Foreseeable misuse must be designed against and warned about; only unforeseeable misuse defeats a products claim, as superseding conduct or under comparative fault.
In plain English
Product misuse occurs when a consumer uses a product in a way that is not intended or expected by the manufacturer. However, if the misuse was foreseeable, the manufacturer has a duty to design against it and provide warnings; only unforeseeable misuse can absolve the manufacturer from liability.
Worked example
A consumer uses a hairdryer while taking a bath, resulting in an electric shock. The manufacturer had provided clear warnings against using the hairdryer near water, making the misuse foreseeable. Therefore, the manufacturer is not liable for the injuries sustained.
Memory hook
Foreseeable misuse? Design and warn; only unforeseeable misuse can save!
The trap
Exams may present scenarios where misuse seems obvious, but students often overlook whether the misuse was foreseeable or not. Be careful to analyze the manufacturer's warnings and design.
How examiners test it
Questions typically involve fact patterns where a product is misused, testing whether the misuse was foreseeable and if the manufacturer took adequate precautions.
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