Failure To Warn

Leave a comment

Each day, many millions of products are used by consumers assuming that they are free from defects that could harm them. Unfortunately, that’s not always the case. In fact, many millions of consumers are injured every year when the product they were using failed to perform in the manner for which it was manufactured. Many cases hit our courts every day where a consumer was injured by a defective product either from a poor design, or a defect in the production of the product or a Failure to Warn.

When producers of products fail to warn of the dangers associated with the goods they produce, they should be held liable. Labeling on the product itself and written owners instructions must be clear and concise, and explain the dangers associated with the product, but it doesn’t stop there. Doctors are required to explain the risks associated with a treatment or procedure, that’s the law, but the manner in which the doctor conveys this warning and the way in which this is documented is left to the doctor’s discretion. Often the patient is presented with a one-form-fits-all style of warning that fails to adequately inform the patient of the dangers inherent to the procedure. Manufacturers of medicines have also been held accountable to consumers for failing to warn of the risks associated with the drugs they produce. For cases where failure to warn plays a prominent role in a product liability lawsuit, it’s imperative that an attorney with both the experience and resources to properly prepare for the legal battle ahead is utilized. A competent Product Liability Attorney hired by a consumer who’s been injured while using a product will fully investigate the facts surrounding the accident. Your attorney will come to court prepared with answers to the questions:

  • Did the product function as it was intended?
  • Could the producer of the product have foreseen the dangers associated with its use?
  • Would instructions or warnings have prevented the accident?

In many cases, a consumer will be successful in a product Liability Lawsuit even if the product was used incorrectly if the incorrect use could have been foreseen.