Product liability laws stipulate that products are to be reasonably safe when used as intended. These laws sometimes focus on the product’s condition, and they ask if the product was made or designed in a way that allows safe use. However, some products contain dangers that cannot be removed without diminishing function. Thousands of injuries occur each year when product manufacturers fail to offer warnings of the dangers associated with products. Warnings should be concise, clear, and explanatory of all possible dangers.
Liability in “Failure to Provide Warning” Claims
A distributor, retailer, or manufacturer can face strict liability for failure to provide a sufficient warning if a consumer is injured as a result. Defendants who do not make products can be held responsible for production or sale even if the company’s actions bore no negligence.
Factors in “Failure to Warn” Lawsuits
These lawsuits follow the same principles as any other personal injury lawsuit. Plaintiffs must prove that the product manufacturer knew of the danger, was required to warn buyers, and were negligent enough to cause consumer injuries. For a case to succeed, all of the above points must be proven. A product liability attorney in Wichita, KS can disprove a case by negating any of the points below.
* The defendant knew of the danger: a defendant can claim no knowledge of the risk, especially if the buyer used the product in a non-obvious way. For instance, a car manufacturer can’t be held liable if a person uses a vehicle as a weapon.
* The defendant should have warned the buyer: if a product maker knows of inherent risks and a failure to warn causes an injury, they can be held liable. However, the plaintiff must prove that they would have heeded the warning if it existed.
* The warning was sufficient: Morris Laing Evans Brock & Kennedy Chartered must also prove that the product maker was aware of and responsible for any dangers and that they failed to warn buyers. Warnings must be informative, visible, and relevant.
Does a Plaintiff Need a Lawyer for a “Failure to Warn” Case?
Although failure to warn cases can seem simple, many legal complexities exist. A product liability attorney in Wichita, KS can help a plaintiff win a lawsuit after an injury occurs due to a company’s failure to warn consumers of a product’s risks.
