teens with legal issues

A common belief with defective product claims is that you can only recover your damages if you were using the product as intended. This is generally true, but not many people know exactly what it means. Does it mean that you must have followed the instructions exactly as described on the packing? What about if you improvised in some areas? The following passages will provide more illumination on the issue.

The Surface Meaning

In this context, "intended use" has several meanings, one of which is the obvious/surface one – you are supposed to use each product as its manufacturer meant it to be used. That means if a bulb was meant to be used indoors, and you used it outdoors, you may not be able to recover anything if it explodes and causes you injury.

Manufacturers test their products under different circumstances, which is why they provide directions for use. For example, an electrical wire meant for indoor use may not be equipped with waterproof insulation, so using it outdoors may expose it to moisture. Water and electricity shouldn't be mixed; your use of an indoor wire for outdoor wiring exposes you to the risk of electrical shock. Don't expect to be compensated for such an injury.

An Alternative Meaning

The "intended use" condition may also be taken to mean that you should use a product in the same way any other ordinary person would use it. If an ordinary person wouldn't use an electrical device outdoors, then don't use it outdoors too. If you do, you won't get compensation if the product ends up injuring you.

At the same time, you are not expected to use each product as described by its manufacturer.  For example, a tablet computer is advertised as great for business meetings, but this doesn't mean you can't use it for school work.

This alternative meaning makes sense because manufacturers cannot be expected to list each and every possible restriction for their products; especially those uses that ordinary people cannot be expected to put the products too. For example, an ordinary person cannot be expected to charge a smartphone (that is not waterproof) in the bathroom. Thus, don't expect to be compensated when you charge your phone in the bathroom and it explodes when the charger gets into contact with water.

If you have been injured by a defective product, you have a difficult case if you were using its product in a manner that the manufacturer could not foresee and did not intend. As you can imagine, this issue can generate heated discussions between plaintiffs and defendants. Therefore, if you have a defective product claim, do yourself a favor and let an experienced lawyer handle it.