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3.10-4  Product Liability - Misuse of a Product

Revised to January 1, 2008

The defendant has raised as a special defense the claim that the harm suffered by the plaintiff was caused by the plaintiff's misuse of the product. Specifically, the defendant alleges that <explain allegations>.

A person misuses a product if (he/she) uses it in a manner or for a purpose that is beyond or outside the normal use for which the product was designed or intended and that was not reasonably foreseeable to the seller.

[<If there is a claim of use contrary to warnings:>  A person also misuses a product if (he/she) uses it in a manner than is contrary to the warnings or instructions provided with the product.]

If the plaintiff has proven that the product was defective AND the defendant has proven that it was misused, then you must determine the extent to which the defect and the misuse each contributed to causing the plaintiff's injuries.

If the defendant has proven that the plaintiff's injury was proximately caused solely by (his/her) misuse of the product, then the defendant is not liable, even if the product was defective in some way.

<Insert charges on proximate cause and on comparative responsibility where both user and product seller may be found to have contributed to causing the injury.>

Authority

General Statutes § 52-572o; Elliot v. Sears, Roebuck & Co., 229 Conn. 500, 515 (1994).
 


 

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