If a product used by a consumer caused them harm, or injured them, the consumer can hold the manufacturer, distributor, wholesaler as well as the retailer responsible for the injuries and harm caused to them. This is possible in the case that they were unable to warn the customer of the potential of injury caused by the product.
It is the duty of the makers, distributors, and sellers of the product to ensure by researching and testing the product before it is rolled out in the market for the consumer to use. They need to stay abreast of any harmful features the product might have and should provide clear warnings for any danger the product may cause. Failure to do so can lead to serious legal cases under the product liability law.
With the help of an experienced personal injury attorney in Kentucky, you can be compensated for the damages the product has caused you. There are many legalities involved in these cases and only a seasoned defective product injury lawyer in Kentucky can offer you the best services.
In the product liability law, a principle known as "failure to warn" is included. As the name suggests, a failure to warn about the dangers of the product through adequate warnings on the packaging can lead to a product liability case against the manufacturer if it ends up injuring the user. Let us discuss this in detail.
Failure to Warn - What is it?
Most of the consumer product injuries in the U.S. is governed under the strict product liability law. Under this liability, the defendant is held liable in a defective product liability case no matter if the company was negligent or not. Failure to warn also comes under the strict products liability. It is the duty of the manufacturer to provide product warnings about the usage of the product and any dangers it might pose to the user on the packaging of the product.
Millions of consumers are injured each year because the manufacturer of the products failed to provide adequate warnings about the dangers associated with using the product. It is the duty of the manufacturer to provide any warnings related to the product in a clear and concise manner to inform the consumer about the risks and dangers associated with the product. One of the most common disputes when it comes to product liability cases is to prove whether or not the injury sustained by the consumer was completely unpredictable or obvious.
For example, it is not required by a matchstick box to come with a warning that the matchsticks might start fire. On the other hand, in a recent case, an automobile manufacturing company was held liable for not providing a warning to the consumer that the car seats can collapse backwards in a collision if the driver is overweight.
Factors Involved in a Failure to Warn Case
Just like any other personal injury lawsuit, the plaintiffs in the case of a product liability case need to prove that the manufacturers were aware of the dangers the product posed to the consumer and hence were obliged to warn the customers about it. They were negligent in providing adequate warnings to the consumer and this led to the injury. Here are the points that need to be proven by the plaintiff. On the other hand, disproving any one of these by the defendant can lead to a defeat in the lawsuit. This is why you need to have an experienced personal injury attorney by your side when you are filing a defective product liability case.
1. Defendant was Aware of the Danger Posed by the Product
The defendant can claim to be ignorant about the danger posed by the product especially if it was used in a different way than it was intended to be used, or in a way that a reasonable person wouldn't use it. For example: an auto car manufacturer cannot be expected to know that the consumer of the car will use it as a weapon against one of their ex's. On the other hand, it is reasonable to assume that young children and infants may consume the small parts of the product. Thus, the manufacturer should be aware of the design of the product and any dangers posed by it.
2. It's the Duty of the Defendant to Warn of the Danger
The manufacturer can be held liable for the injuries if they are aware of the dangers posed by the product and yet failed to provide adequate warning. To create liability, however, the consumer needs to prove that they would have followed the warning if it was present on the product.
3. Defendant was Negligent in the Duty to Warn
Just having a warning on the packaging is not enough for the defendant to escape liability. The warning should be clearly visible, informative, and should be useful for the consumer. It should identify the nature of risk and should contain words like caution, warning or danger. It should also explain how the danger or risk can be avoided.
4. Inadequate Warnings
It is on the plaintiff to prove that the inadequate warnings on the part of the manufacturer was the real cause of the injury and not something else such as a prior medical problem etc.
5. Warning Not Clearly Visible
The warning should be mentioned at a place where it can be easily seen by the consumer. They shouldn't be buried in the manual somewhere. In addition, they should be written in a language that can be easily understood by the average user.
If you are located in Kentucky and are looking for a personal injury attorney, get in touch with us today through our free consultation service and discuss your case. Call us at: 859-261-1111.