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Failure to Warn Lawsuits

AlertFailure to provide adequate warnings or
instructions about the product’s proper use

Product liability claims can come in many shapes and sizes, making them quite confusing to those not familiar with their nuances. One type of product liability case involves failure to provide adequate warnings or instructions about the product’s proper use. Typically the product is dangerous in some way that is not obvious to the user.

Strict Liability Lawsuits

Failure-to-warn claims typically involve two different types of lawsuits. The most common is a strict liability suit. Strict liability suits hold the company liable, regardless of whether they acted negligently or not. These cases focus mainly on whether the risk of the injury to the plaintiff was obvious or completely unforeseen.

Negligence Lawsuits

Less common with failure-to-warn claims are negligence lawsuits, and only a few states allow them. The plaintiff must prove that the defendant, who owed them a duty of care, breached that duty by not providing sufficient warnings or instructions to prevent the type of injury they received. These lawsuits are basically the same as strict liability suits, except that in negligence suits the plaintiff cannot sue down the chain of command (i.e. the manufacturer, distributer, or retailer), only the company that produces the product.

Another aspect examined in court is whether the injured party was using the product for its intended use, or misusing it in a predictable way. Even if the product was being misused, the defendant(s) can be held liable if it was misused in an imaginable way. For example, chairs are often used as a step-stool, even though this is not what they are made for. Thus they can be predictably used in this way, and there should be a warning about injury when used in this manner.

Product Warnings  Labels Must be Understandable

The warning that companies put on their product must be conspicuous and understandable. Courts analyze the warnings for whether pictures were used, what the language was, and where on the product or packaging it was located. Everything has to be clear, and important warnings can’t be hidden in long paragraphs of legalese. Some products should even have warnings listed right on the product, especially if they can easily cause injury and are not normally kept with their packaging, such as power tools. If new information comes to light about risks with the product, the company must inform consumers of these new dangers. This is why events such as recalls take place.

Finding the Best Product Liability Lawyer for You

Being injured can be a stressful time. Handling medical bills, not being able to work, and suffering from pain is not enjoyable, and can be quite a burden emotionally and financially. Having a committed veteran attorney on your side can make the recovery process a little easier. By allowing your attorney to take care of all the legal matters for your case, you can focus on getting better. Give our firm a call today if you are interested in receiving the compensation you deserve after being injured by a defective product. Free Case Evaluations 877-544-5323