What is a Failure to Warn Case?

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If a product is released by a manufacturer and a consumer is injured by it, they may be held liable for the harm caused – this is what a failure to warn case is. In short, it is the the responsibility of the manufacturer, distributor, or retailer to provide a clear warning explaining the dangers of any product. If they fail to do so and someone is hurt, the victim may be able to bring a claim against them. One of the most common warnings you may have seen are side effects in medication, another would be instructions on how to use a products (for example use gloves and goggles). A well-known example you may remember is the Galaxy Note 7 warning Samsung had to release due to overheating concerns.

If a manufacturer has not provided adequate warnings on their product, then often a strict liability case is brought forward.

Strict Liability

In strict liability, a product is considered defective if instructions/warnings are not sufficiently provided. One of the more common disputes in these types of cases is how obvious the risk of injury would be – for example a lighter is not going to have a warning about how it may start a fire. In these type of cases it’s harder to claim damages, so it’s important to have proficient representation who can defend your case. In strict liability, even if the party did not mean to cause harm, they can still be liable.

Warning Must be Clear

The warning must be clear and legible, not buried in a mountain of text or in an inconspicuous place. The consumer must be able to read it and it might also have to be printed on the product itself as opposed to a pamphlet which can get lost.

Intended Use/Misuse of Product

Another facet to a failure to warn case is whether the product was being used in the way it was intended. If a manufacturer could not predict the misuse of the product, then they’re not liable for any injury or damages caused. That being said, if the misuse could have been foreseeable then they may still be held responsible.

Defendant’s Responsibility

The defendant must be suitably knowledgeable about their product. They do this by performing research and ensuring any risks are explored.

If you have been affected by a product being negligently labelled, talk with the experts at Franco Firm.

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