Maison Law represents injured or ill victims of improper warning labels in California. If you or a loved one has been negatively impacted by an improper warning label, the accident attorneys at Maison Law can help you get the compensation you need. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for an Improper Warning Label Injury in California?
While we imagine the everyday products we use are safe, this is unfortunately not the case. Certain products can be dangerous for a variety of unforeseen reasons, which is why companies need to look out for consumers by issuing proper warnings and labels on their products. If a product is not properly labeled, then consumers can suffer serious complications to their health. This type of failure by manufacturers to warn the general public of a potential hazard with their product is considered a product liability.
To prove a product’s manufacturer was careless and failed to warn consumers, it is recommended to speak with a reputable product liability attorney. An attorney will advocate for your legal right to receive compensation for whatever injuries or illnesses you’ve sustained due to poor safety standards by a manufacturer. An attorney will file a lawsuit against the manufacturer to seek the following damages:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs to damaged property (if applicable)
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
Warning Label Regulation in California
According to Proposition 65, businesses are required to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. Here is a list of those chemicals. These chemicals are permitted to exist within products Californians purchase and use in their homes or places of work. Proposition 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.
When it comes to warning labels, the following is what California consumers should expect to see:
- Warning labels are visible: warnings on dangerous products need to be visible and clearly marked on the packaging.
- Warnings are clearly worded: warnings on products need to be clearly written so consumers understand the dangers posed by the product and what harm may come of it. For example, small toys with choking hazard warnings.
- Warnings prevent potential harm: warning labels should inform consumers of potential harm and suggest steps to prevent harm. An example of this would be cleaning substances with harmful chemicals. A warning label may address the dangerous chemicals and instruct users to not inhale them or allow them to touch their skin.
California Harmful Substance Law
Chemical manufacturers in California can be held liable for damages if they fail to be reasonably careful when manufacturing, testing, labeling, or selling a chemical in order to prevent harm to others. According to CACI No. 1221, all makers and sellers of chemicals can be held liable for harm caused by their chemicals.
Companies who fail to warn about the dangers of their products can also be held liable. For example, if a company’s pesticides contain cancer-causing chemicals and they fail to warn those who may be exposed to it with a proper label they can be held accountable for whatever health problems others may encounter due to their product.
How Does the “Discovery Rule” Apply to Improper Warning Labels in California?
The discovery rule delays the statute of limitations if you could not have reasonably known about your injuries right away. This rule is unfortunately common in harmful substance cases because symptoms of contact with these substances can sometimes appear years or decades after the initial exposure, especially when manufacturers fail to warn consumers.
For example, in a situation where your health issues do not reveal themselves until several years after you’ve been exposed to a harmful chemical, the discovery rule applies. Normally, the California statute of limitations for personal injuries is two years. By applying the discovery rule, the two-year clock does not start running until the day you discover your symptoms. Then, you would be able to file a workers’ compensation claim, as well as a lawsuit against the liable party.
Contact an Improper Warning Labels Lawyer in California
If you or a loved one has suffered health issues or injuries after being exposed to harmful substances from an improperly labeled product, our product liability attorneys can help you receive full compensation for your damages. Maison Law protects victims of careless manufacturers by identifying the liable parties and aggressively pursuing fair compensation. Contact us today for a free consultation and case evaluation. There are no upfront charges and you don’t pay a cent until we’ve won your case.
