Can you sue a company if someone missuses their product?
I've been hearing a lot lately about the "Protection of Lawful Commerce in Arms Act" which protects gun manufacturers from lawsuits when someone commits a crime with one of their guns. Some debate has been had on repealing the law, which to me sound like a bad idea.
But it has got be thinking, do manufacturers of other products have the same protection? Lets say someone hits me with a Ford Windstar (nothing against Ford, just an example), could I sue the Ford Motor Company?
This reminds me of the old Beavis and Butthead episode when Beavis gets hit by a school bus. The attorney representing them rattles off a laundry list of people he will sue including the school, the manufacturer of the school bus, the manufacturer of the tires on the school bus, etc etc. Anyway, I digress.
Yes, you can sue a company, even if you misuse the product. It has been done and most of the time, only results in insurance prices going up that are passed off to the consumer. You can sue for about anything. However, odds are low you'd recover damages, much higher that it would be deemed frivolous and tossed out of court.
Not with any chance of winning.
Any product is protected by the general principle that is must be suitable for use in the intended manner. If it is, the company is not generally liable.
There's no serious debate about removing that protection from guns.
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