Third Party Product Liability

Normal wear and tear of the product is not reason for cause. Misuse and abuse of the product are defensess in a product liability lawsuit. However, such issues are arguable. For example in the case of the consumer who lost his toes when he placed his foot under his rotary lawnmower near the spinning blade while trying to lift it over the curb of his sidewalk.

The consumer prevailed due to lack of warning against such use. Warnings of petential hazards of use and misuse must be provided. However, even if warning stickers are attached to the product, their location, size, color and statement may not provide sufficient warning to preclude product liability.