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Defective warnings can support product liability lawsuits

| Jun 6, 2019 | products liability |

Californians tend to put a lot of trust in the products they use. Many people consider children’s toys, tools, medications, electronics and other products to be safe if they are placed on store shelves. Yet, far too often these products are released on the market with defects that can pose a serious risk of harm to consumers. Those who end up injured as a result of a defective product may be able to take legal action in hopes of recovering compensation for the damages they have suffered.

One reason a person may pursue a products liability lawsuits is due to a defective warning. Under this legal argument, a product is deemed unsafe — even if it is properly designed and manufactured — if inadequate instructions or warnings prevent a reduction or elimination of foreseeable risks of harm posed by the product in question. In order to succeed on this argument, an injured individual must also show that the lack of proper instructions or warning renders the product below a reasonably safe standard.

Warnings are required for a number of products. In general a warning must accompany a product if a product poses a risk of harm, the manufacturer is aware of that risk, the danger is posed through the reasonable use of the product and the danger isn’t obvious to consumers. These warning usually must also have instructions directing the consumer how to use the product in a safe fashion to avoid potential risks.

Of course, these matters are not black and white. “Reasonable use” often comes into question in these cases, with product manufacturers claiming that a consumer modified a product in question or failed to use a product in accordance with provided instructions. This is why those who have been injured by a defective product need to consider having a strong legal ally on their side. By doing so they better ensure that they have strong legal arguments to not only present their case, but also rebut the defense’s claims.