The Support You Need. The Settlement You Deserve.

The Top 3 Types of Failure to Warn Cases

A “failure to warn” issue is created when a manufactured product causes increased danger to those who use it. There are several ways that the danger can present itself, including defects caused by the manufacturing process or inefficient instructions and warnings.

In the state of California, if a plaintiff files a case against a manufacturing or design company of a product, the defendant is required to prove that there is no unreasonable danger presented to consumers. With this unique position, it’s possible to seek representation for a failure to warn case if you feel that something about a product made it dangerous for you or your dependents, such as spouse or children.

What are the three types of failure to warn issues? Let’s take a look…

Defective Product Design

If there is something about the design of the product that makes it unreasonably dangerous for use, whether by its intended audience or not, then the issue will pertain to each of the products created. If all of the products made from that design are flawed in a dangerous way, then the designer is responsible for any injuries or accidents that have occurred because of the design defect.

Defective Product Manufacturing

If the manufacturer of a product causes a defect in it during the manufacturing, construction, or assembly of a product, that manufacturer is liable for any injuries or accidents that occur because of it. This is why quality control is so important in many manufacturing facilities. If the manufacturer realizes there is a defect and doesn’t issue a recall, they can be sued for failure to warn.

Instruction or Warning Defects

We’ve all seen the warnings on some of the products we purchase. A common one may be the caution label on a coffee cup indicating the contents may be hot. If the warnings on a product aren’t adequate in preventing injuries or accidents, the designers and manufactures of the product can be help liable, as well as the wholesalers, website owners, and retail stores where these items could be purchased.

Instructions are quite common with many of the products we buy and use every day. A child’s toy may have instructions about replacing the batteries. A new piece of office furniture may have instructions on how to assemble it. A freezer meal may have instructions on how to prepare it, whether in a microwave or in the oven. We rely on these instructions not only to be able to use the product the way it is meant to, but to be able to use them safely. Most of the time, these instructions are adequate and also contain warnings to make you aware of items or actions that could cause injury.

If there are defects in the instructions or warnings provided for a product, the designer, manufacturer, and others could be held liable for failure to warn of the dangers regarding the product.

Products & More

The “failure to warn” issue only used to pertain to physical products, so products you could touch and use. However, over the years there have been modifications to the failure to warn accusation. Now, not only products are affected but also intangible products such as gasses or even writings that can cause danger, such as poorly written instructions or an inaccurate map.

If you or a family member have been injured by a product’s defect, whether it is a defect in its design, the manufacturing process, or the instructions and warnings provided, then you will want to talk to a lawyer with experience handling failure to warn claims. This problem is not unique to California, but how it is handled in the courts is so having an experienced lawyer on your side is vital. That experienced lawyer should be Martin Gasparian at the Maison Law Firm.

FREE CONSULTATION

Fill out the simple form below and we will be in touch.

or you can call us 24/7 or send us a direct email.

Call Now Button