As consumers, people have the right to expect a certain degree of quality and safety from the products they purchase. Product liability laws allow consumers to file a lawsuit to obtain financial compensation if a defective product caused an injury. The three types of defects that are covered by product liability laws are design defects, manufacturing defects, and informational defects. Issues relating to warning labels fall under the category of informational defects.
If a warning label is missing, or if a warning label failed to provide sufficient information related to a potential hazard, and an injury occurs, it may be appropriate to file a product liability suit. The experienced attorneys at Foley Law Firm can provide legal advice regarding product liability and warning labels so that our Scranton, PA clients can take the legal action that is most appropriate for their unique situation.
Warning Label Defects
Under consumer protection laws, manufacturers are required to provide adequate information regarding the safe and proper use of their products. These laws pertain to product instructions and sufficient warning labels. The reason that these laws are in place is because the manufacturer of a product is assumed to have a better understanding than the consumer of how the product works and what the potential hazards of the product may be. There are three ways in which a product may be considered to have a warning defect:
- Failure to warn: A failure to warn would pertain to a product that had no warning label in place. If a product has potential hazards, the manufacturer must provide consumers with a clear and easily identifiable warning label that points those hazards out.
- Failure to provide adequate warning: Many consumers who are injured by a product assume that they have no legal rights because a warning label was in place. However, the presence of a warning label alone is not enough to protect the manufacturer from liability. The warning label must be clear and provide sufficient information regarding potential hazards.
- Failure to adequately instruct: Manufacturers must also provide instructions on how to use the product properly. If instructions are not provided and improper use of the product results in an injury, the manufacturer may be held liable.
Just as manufacturers are held to certain standards, so are consumers. Consumers are expected to read the instructions and warning labels that come with a product and adhere to the information provided. If a product contains sufficient information and warning labels, and a consumer blatantly ignores those warnings, the manufacturer will not be held liable for any resulting damages. When it is questionable whether or not instructions or warning labels provided sufficient information to prevent an injury, it is always a good idea to have the case reviewed by an experienced product liability lawyer, such as those at Foley Law Firm.
Schedule a Consultation
If you have been injured by a defective product and would like to learn more about product liability, schedule a consultation with one of the experienced attorneys at Foley Law Firm. Our attorneys will be happy to review the details of your case and let you know your best course of legal action.