Manufacturers want your business. They go to great lengths advertising their product hoping you’ll spend money on a purchase. At that point, you hope you’re getting a well-made product that does what it promises. You may give little thought to if a company’s product is completely safe to use in your home. You may not think about it until you are suddenly injured by a defective product.
Manufacturers are Responsible for Product Safety
A “failure to warn” issue is created when a manufactured product causes increased danger to those who use it. There are several forms the hazards can take, including defects caused by the manufacturing process or inefficient instructions and warnings. In fact, often there are numerous companies involved in the manufacturing of a single product or the distribution of it. They can all be held liable for product safety.
California Laws on Product Liability
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 dangerously flawed, then the designer is responsible for any injuries or accidents that have occurred because of the 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
You’ve likely 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 manufacturers of the product can be held liable, as well as the wholesalers, website owners, and retail stores where these items could be purchased.
Products with instructions included are quite common with daily purchases. 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 be used but to be able to use them safely.
Dangerous Products and More
The “failure to warn” issue used to only pertain to physical products, so products you could touch and use. However, over the years there have been modifications to failure to warn guidelines. Nowadays, it’s not only products covered but also intangible products such as gasses or even the written word that can found a hazard, such as poorly written instructions or an inaccurate map.
Contact a Personal Injury Lawyer
It’s scary to think that defective products still pass inspection and make it into local Turlock stores and on-line retailer sites. Mistakes happen, but it occurs way more than it should. The products you bring into your home can endanger your life and also the lives of loved ones. When this happens it is important to speak to a personal injury lawyer to find out what legal options you have.
If you live in Turlock and you or a family member have been seriously injured by a product malfunction or an accident due to improper guidance from the manufacturer, contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer, get honest advice, and personalized attention to detail their case deserves.