Companies have a duty to provide adequate warning of any dangers or risks that could be associated with a product. A failure to warn its consumers on how to safely and correctly use their products can lead to injury or even death.
Defects in products aren’t restricted to design defects or manufacturing defects. A failure to warn consumers of all the possible risks that come with the use of the product can make the product defective. Additionally, warning defects can include failure to provide an adequate warning or failure to thoroughly instruct consumers on how to use the product.
Consumers injured by products that failed to warn them of the dangers have grounds to file a lawsuit. An experienced product liability lawyer can prove negligence on the company’s part and seek compensation on behalf of the victim.
Who can be held liable in a failure to warn claim?
Retailers, manufacturers, and sellers have a duty to protect their consumers by providing adequate safety warnings on their products. Under strict product liability regulations and the Uniform Commercial Code, they’re liable for product defects regardless of whether or not they acted negligently.
A failure to warn claim can affect any party involved in the production and distribution of the product at hand.
Parties that are commonly found liable in failure to warn cases include:
- The product’s manufacturer
- The manufacturer of individual components of the product
- The product’s distributor
- A retailer carrying the product
- Wholesalers
- A third party that installed or assembled the product
If one of these parties in the chain of sale was able to foresee that someone could be harmed by the product and didn’t adequately warn the consumer of the risks involved, they can be held responsible for any resulting injuries.
When does a product need to carry a warning label?
Some objects possess an inherently dangerous use and therefore do not need to carry a warning for consumers about the obvious risks. For example, a pair of scissors or kitchen knives aren’t required to provide a warning label that cautions users that the scissors or knives can cause an injury.
However, a manufacturer or retailer must provide adequate warning against any foreseeable uses, or misuses, of a product that could lead to injury. For example, although standing on a folding chair isn’t the intended use of the chair, it’s reasonable to assume someone might misuse the chair as a stool to stand on. The chair manufacturer should provide a warning label to not stand on the chair.
What does an adequate product warning include?
A duty to warn occurs if:
- The product is dangerous
- The manufacturer was aware of the danger
- The product is dangerous when used as expected
- A danger exists that may not be obvious to the user
Simply having a warning label on a product isn’t enough to constitute an adequate warning. Warning labels should be:
- Detailed
- Clear
- Concise
- Prominent
- Explain all of the possible dangers and risks
Warnings that don’t follow these standards can still lead to serious injuries. Consumers can hold manufacturers or other parties liable for any injuries that resulted from the use of the product.
How do I prove a failure to warn case?
When you work with the product liability lawyers at Lytal, Reiter, Smith, Ivey & Fronrath, we’ll work to prove to the court the following:
- The product’s company/manufacturer was aware of the dangers associated with the product
- The company/manufacturer had a duty to warn consumers of these dangers
- They were negligent in their failure to warn consumers
- The failure to warn led to a consumer’s injury or death
Product liability cases can be incredibly complex and often involve multiple defendants. Navigating a failure to warn case can be challenging, which is why it’s crucial to work with an experienced product liability lawyer.
Work with the Skilled Product Liability Lawyers at Lytal, Reiter, Smith, Ivey & Fronrath
Lytal, Reiter, Smith, Ivey & Fronrath proudly represent individuals in failure to warn cases. Our experienced trial attorneys are unafraid to hold large corporations accountable for putting profits over safety.
When we take on product liability cases, we’re not only helping victims seek compensation for their damages but also preventing consumers from suffering the same injuries in the future.
Have you or a loved one suffered due to a company’s failure to provide an adequate warning on a product? Contact our legal team today at (561) 655-1990 for a risk-free case evaluation.
Locations We Serve:
- Florida Product Liability Attorney
- West Palm Beach Product Liability Attorney
- Boca Raton Product Liability Attorney
