Product Liability and Warning Labels
Tagged with: Product Liability |
Personal injury due to a defective product can be caused in a few different ways. Injuries can result from a flaw in the way a product was designed, a mistake made when being manufactured, or from a lack of instruction given to the consumer on safe product use.
Product liability and warning label cases fall into the category of failure to warn, and must be given specialized attention when seeking compensation for damages. The manufacturer of the product may point the finger at the consumer, but a hard look should also be taken at the warning label or lack thereof on the product.
The Salt Lake City, UT attorneys at Jones Waldo are able to separate the duties of the consumer from those of the manufacturer and present a strong case for recovery when warning labels fail.
Defects in Warning Labels
When a product is inherently dangerous and there is a foreseeable risk of harm by not warning the consumer of possible danger, a manufacturer has the duty to warn the consumer of that danger. A warning label should clearly set forth the potential harm a product can cause, and be easy to find on the product itself. A warning label is considered defective if it:
- Fails to include a warning about any unseen or hidden dangers posed by the product.
- Provides inaccurate instructions on proper product usage.
- Is not clear and conspicuously noted on the product.
When a manufacturer knows, or should know, of a danger presented by a particular product, the appropriate warning label must be included when manufacturing the product. If not, the manufacturer can be held liable for any injuries caused by the product.
Recovery is also possible when a product contains a label, but the content of the label is inadequate or the label was not easily visible to the consumer.
When to Include a Warning Label
A good rule of thumb is to include a warning label on all dangerous products when the manufacturer knows there is a chance for danger. In addition to having a known danger, the danger must exist even when the product is used as intended and the consumer may be unaware of the danger.
Household cleaning supplies are a good example of a dangerous product in which the manufacturer knows the product itself poses the possibility of harm under certain conditions.
In the example of household cleaners, the danger is inhalation of fumes, but there are other dangers that may not be readily apparent to the user, such as skin irritation or burns when coming into contact with certain chemicals. These dangers must be clearly marked on the product, warning the consumer of probable dangers associated with use of the product.
Where to Turn for Help with Warning Label Cases
If you have been hurt by a product that did not have a proper warning label, let us help you maximize your recovery. The law offices of Jones Waldo helps people who have been hurt in an accident and can help you too.
We will review all of the facts of your case and give you our advice on how to move forward. Contact us online or call us at (866)-571-0939.