Product liability claims can become more complicated when the injured person is accused of using the product the wrong way. In New Jersey, misuse does not always mean the case is over. However, it can affect whether the product was defective, whether the manufacturer or seller is responsible, and how much compensation may be available.
Product Liability in New Jersey
Under the New Jersey Product Liability Act, a manufacturer or seller may be liable if the product that caused harm was not reasonably fit, suitable, or safe for its intended purpose because it had a manufacturing defect, lacked adequate warnings or instructions, or was defectively designed.
This means the case usually focuses on the condition of the product, the warnings provided, and how the product was expected to be used. If the injured person used the product in a way that was completely outside its intended or reasonably foreseeable use, the defense may argue that the misuse, not the product defect, caused the injury.
What Counts as Product Misuse?
Product misuse may include ignoring safety instructions, removing guards or safety features, using the product for a purpose it was not designed for, overloading it, modifying it, or using it despite clear warnings. For example, using a household tool as industrial equipment, standing on a product not meant to support weight, or disabling a safety switch may create a misuse defense.
However, not every mistake is true misuse. People sometimes use products in predictable ways, even if those uses are not perfect. If a manufacturer could reasonably anticipate that users might make a certain mistake, the product may still need proper warnings, safer design features, or clearer instructions.
Misuse and Warnings
Warnings matter in these cases. If a product had clear, visible, and adequate warnings, the manufacturer may argue that the user was responsible for ignoring them. New Jersey law also recognizes certain defenses when harm is caused by an unsafe aspect of a product that is known to ordinary users, or when the product has an unavoidably unsafe aspect and is accompanied by adequate warnings or instructions.
On the other hand, if the warning was hidden, vague, confusing, missing, or failed to explain the real danger, the injured person may still have a claim.
Comparative Negligence May Reduce Recovery
If the injured person’s conduct contributed to the injury, New Jersey’s comparative negligence rule may apply. Under N.J.S.A. 2A:15-5.1, a person’s negligence does not automatically bar recovery if it was not greater than the negligence of the defendant or defendants, but damages may be reduced by the person’s percentage of fault.
For example, if damages are valued at $100,000 and the injured person is found 30% responsible for misusing the product, the recovery may be reduced to $70,000. If the injured person is found more than 50% responsible, recovery may be barred.
Evidence That Can Help
Important evidence may include the product itself, packaging, manuals, warning labels, receipts, photos, videos, witness statements, repair records, recall information, and medical records. The product should not be thrown away, repaired, or returned before it is documented because it may be the most important evidence in the case.
Final Thoughts
Misusing a product can make a New Jersey product liability claim harder, but it does not always eliminate the case. The key questions are whether the product was defective, whether the use was reasonably foreseeable, whether proper warnings were provided, and whether the misuse actually caused the injury. Preserving the product and documenting what happened can make a major difference in the outcome of the claim.