Failure to Warn/Inadequate Warning

What is product liability?
Product liability is any personal injury or damage that is caused by a product or device that had either a manufacturing defect, design defect, or had inadequate warning.

Who can be held liable?
Designers, manufacturers, distributors, and retailers all have a responsibility to exercise a degree of care, known as due care, in their respective phase of bringing the product to the consumer. The basis for a product liability claim may arise from:
  • Negligence failure to exercise a degree of care
  • Misrepresentation intentional concealment of the products defect
  • Strict liability where the company is liable regardless intent or how much care is exercised
What do you do if youre injured?
If you were injured as a result of a product, it is advisable that you get advice from a lawyer who has experience in personal injury cases as soon as possible after the incident. Some steps that you can take to assist the lawyer with the case are:
  • Take pictures and/or video of all the injuries you sustained
  • Record any witness information
  • Keep accurate records of lost time and wages
  • Keep accurate records of any expense you incur as a result of the injury (medical, chiropractic, dental, etc.)
Requirements for a judgment
In order to be successful in a product liability case, your attorney must be able to prove that there was no:
  • Assumption of risk on your part
  • Product misuse using the product in a manner that is inconsistent with its directions
  • Comparative negligence where negligence on the part of the plaintiff caused the injury
  • Commonly know danger certain products have dangers that are so commonly known that manufacturers dont need to warn users
  • Federal preemption deals with compliance by a company on a federal level, but not on a state or local level and the court must determine what the intent of Congress was
In all product liability matters, it is recommended that you seek professional legal assistance to protect your interests. A lawyer who has experience in this area of law can give legal advice that will assist you with the matter and will ensure that the judicial process is properly followed.