If you have ever dealt with a defective or recalled product, you may already be familiar with a product liability lawsuit. Every year, manufacturers and distributors are held liable for failure to provide adequate warnings on products. Failure to warn cases fall under strict product liability. Strict product liability cases occur when the defendant is liable for injuries even if they did not act negligently, such as the company or business. Failure to warn is considered a product defect and is handled seriously under the law. In one very popular case, a manufacturer was held liable for failure to warn that seats in a car could collapse if the driver was overweight, and this caused issues for some drivers.
Understanding the Warnings
Warnings on products must be understandable and easily seen to the average user. This means that, if the warning was not visible (as in cases where it was hidden somewhere in an instruction manual, difficult to find) you may have a claim. Many products are required to have a warning directly on the product itself, especially if it will not be seen in a manual or on packaging. Defendants are supposed to understand the risks associated with their products, as this is how they keep consumers safe. If the defendant should have known about the risks because they saw the outcomes from research and testing, then this is reason to bring a product liability case.
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How Manufacturers Tend to Defend Themselves
Manufacturers, in these cases, will usually try to show that you, the injured consumer, did not follow the instructions or warnings as expected. For example, if something is labeled ‘toxic’ but you use it on your skin or near your mouth, you did not use it as intended and failed to read the warnings. Because of this, you should be prepared to guard your case with the appropriate evidence. Defendants should always be knowledgeable about their products in any case. Call us today if you have been injured by a product, as we handle these types of cases and can help you through the process. Your personal injury case is important to us.