We all run errands and buy small and large items on a daily, weekly, monthly and yearly basis. While consumer goods are often looked at for their purposes, it is also important that consumers understand how to properly use them and what risks are associated with them. Most products have either a label on them or information in the packaging that details the product, how to use it, what risks are associated and what guarantees the manufacturer provides. However, even when warnings are provided, this does not mean they efficiently prevent injuries to consumers.
Just like defects can occur in a products design or the manufacturing of the product, defects in warnings could also occur. This means that a product can be defective even if it is determined that there is not design flaw and was properly manufactured.
A warning defect occurs when inadequate instructions or warnings are provided. In order to get compensation, a victim also has to prove that and if the victim had been given proper instructions, he or she could have avoided some of the risks the product presented. Furthermore, completely omitting instructions may make a product unreasonably safe in the eyes of the law.
A manufacturer has two major duties. The first is to warn consumers about safety issues with the product that might not be obvious. The second is to teach consumers how to use the product in such a manner so that they can use the product safely and avoid any dangers. Warnings are specifically required when a manufacturer knows about a possible issue with the product, but a consumer might not be able to appreciate or even notice that same safety concern.
If you have been harmed by a product because of a warning defect, it is important to understand your rights and legal recourses available. A products liability suit could help hold a manufacturer liable while also helping the injured consumer recover compensation for the resulting losses and damages.
Source: Findlaw.com, “Defects in Warnings,” accessed Dec. 2, 2017