You should have confidence that any vehicle, machinery or household product you buy will come with instructions to tell you how to operate it without injury. Unfortunately, some individuals still get hurt when they try to use a product as instructed.
If you suffer an injury in this manner, you may wonder if you made a mistake and did not follow the instructions even if you think you had done so. However, in some product injury cases, a manufacturer had provided instructions that proved to be false or misleading.
Making a claim based on misinformation
According to FindLaw, if you experienced an injury from following the manufacturer’s instructions, you might make a claim based upon the concept of tortuous misrepresentation. Your injury occurred not because of any defects in the product, but because the manufacturer did not provide accurate information on how to use the product without getting hurt.
You may receive misleading information because the manufacturer acted on purpose in order to defraud customers. However, it is also possible that there was negligence on the part of the manufacturer, perhaps by omitting a key instruction that would have prevented your injury.
Preserving product documents for a claim
You should hold on to all literature and notices you received with your product following your injury. These documents can show how the manufacturer instructed you on how to operate the vehicle or machinery that injured you. In addition, save texts, emails or any public announcement from the manufacturer concerning the safety of the product, as these might factor into your case.
The manufacturer may attempt to place blame for your injuries on your own carelessness. This makes it important to present the manufacturer’s own words about how to operate the product to demonstrate the responsibility of the manufacturer in your situation.