Injuries from Failure to Warn of a Product’s Danger
Sometimes a product can be dangerously defective if a party involved in its marketing, such as the manufacturer or seller, doesn’t properly warn users about the product’s dangers or how it is properly used. Marketing and failure to warn defects usually involve products that are somewhat dangerous to begin with, but which are still useful, like table saws and lawn mowers.
Defective marketing/failure to warn claims focus on the product’s instructions, packaging, and warning labels. Generally speaking, a product manufacturer has a duty to exercise reasonable care to warn users of any known or foreseeable dangers that might arise from the normal use of the product, and which are not generally known, obvious, or readily discoverable by a user exercising ordinary care for his or her own safety. Retailers have a similar duty to warn customers of any dangers or defects that the retailer knows of that the user is unaware of.
Where a manufacturer or retailer fails to warn of such a danger, and the danger causes injury to the user, the manufacturer or retailer can be held liable. There can even be circumstances where a manufacturer can be held liable for injuries resulting from the misuse of its products if the misuse was reasonably foreseeable and the manufacturer knew of the risk that would result from the misuse, but failed to provide an appropriate warning to users.
Like injuries caused by design and manufacturing defects, the types of injuries caused by defective marketing/failure to warn are almost endless.
Examples of defective marketing / failure to warn can include:
- A pharmaceutical company’s failure to warn about serious side effects that can afflict someone using one of its drugs alone or in combination with other medicines, or its failure to include adequate instructions about the drug’s proper dosage.
- A motor vehicle tire manufacturer’s failure to warn consumers about proper tire inflation and the dangers associated with operating a vehicle with tires that are under- or over-inflated or overloaded.
- A pesticide manufacturer’s failure to caution users about the safe handling and proper use of its toxic chemicals.
- A power drill manufacturer’s failure to instruct and warn users about proper and secure installation of drill bits.
- A camp stove manufacturer’s failure to warn users about the correct methods of installing and using high-pressure gas bottles of propane or similar fuels.
In each situation there are specific issues which have to be examined to determine whether a viable law suit for damages exists. You need the expertise of inadequate product warning lawyer in Atlanta to get you the compensation you deserve if you or a loved one has been seriously injured.
Because such a wide variety of circumstances can give rise to a products liability claim for negligent marketing/failure to warn, there is no one rule of thumb for determining whether a potential claim exists. The viability of any potential claim will depend upon the facts of that particular case, which should be examined by an attorney with the knowledge and experience necessary to advise you of your rights.
Talk to an Atlanta Product Liability Lawyer Today
The Atlanta trial lawyers at James M. Poe, P.C., can advise you about your legal rights if you’ve been hurt by a defective product in Georgia. Simply call us or use our convenient online contact form so we can schedule a free consultation to talk about your case.