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OUJI-CIV No. 12.9

AFFIRMATIVE DEFENSE OF MISUSE OF PRODUCT

activein force · 2026-01-01 – presentcompiled-edition

AFFIRMATIVE DEFENSE OF MISUSE OF PRODUCT

[Defendant] has the raised the defense in this case that [Plaintiff] misused the

[Specify Product] and the misuse was the sole cause of [Plaintiff]'s injury. Misuse of a

product is a use that could not reasonably be anticipated by its maker. If [Plaintiff] was

using the [Specify Product] in a way that was foreseeable or should have been anticipated

by [Defendant], it is not misuse even if [Plaintiff] was negligent in using it.

Provenance

Source
oscn.net
Retrieved
2026-08-23
Edition
2026-08-23
Content hash
675d1b7faeb64a7efb9771d6ddd2b17b6f0e152f85ad1a831bfb13e8ef26ad02
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