Philadelphia Product Liability Lawyers Explain “Failure to Warn”

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Millions of people use products each and every day that they believe are safe and will not harm them. Unfortunately, this is not always the case. Unsafe or defective products make it to the market each year and cause seriously injuries to consumers, either from a design flaw, manufacturing defect, or the failure to warn of a known or potential risk. The Philadelphia personal injury lawyers at Edelstein Martin & Nelson, LLP are concerned about the public’s safety and want consumers to always be alert and cautious when using everyday products.

Manufacturers are required to provide products that:

are well designed for their intended purpose;
are safe when they are used for their intended purpose, and
are packaged with directions on proper use and with adequate warnings about potential risks.

Product warning labels as well as enclosed written instructions on proper use need to be visible, clear and concise. Instructions should inform consumers on how to handle a product and how to correctly use the product. Products have warning labels to warn consumers about any and all potential dangers associated with the product such as choking hazards, being poisonous, causing allergic reactions, or electrical shock. When a company fails to warn consumers about the potential risks or dangers associated with a specific product or a company provides a warning that is misleading or false, people may suffer serious personal injuries or even death. Warning labels are found on millions of items including automobiles, toys, clothing, cleaners, medications, household items, medical devices, tools, and heavy equipment.
Inadequate Warning Labels Fall under the Area of the Law Known as Product Liability Law

When a person is injured or killed from a product that is inadequately labeled, it falls under a category of the law known as product liability. Under product liability law, manufacturers can be held liable if they fail to give warnings to their consumers of any dangers that were known to them at the time of manufacturing or at distribution. Product manufacturers as well as the sellers or distributors of any product are obligated to keep up to date on any scientific findings and consumer complaints. They need to be aware of any safety issues or concerns associated with their products and ultimately take the proper precautions in keeping consumers safe. As manufacturers learn new information about their product, they may need to update their warning labels, contact their consumers directly or through media publications, or a product may need to be recalled.

There are several agencies that help regulate consumer products in order to keep the general public safe. These government agencies include the Consumer Product Safety Commission, the National Highway Traffic Safety Administration, and the Food and Drug Administration. Often times if a product is found to be dangerous, an agency will recommend that the manufacturer recall the product or label the product with adequate warnings to advise the consumers of the potential risks.
Steps To Take If You Are Injured By a Defective Product

If you are injured while using a product, immediately seek medical attention if warranted. Keep the product, packaging and instructions as evidence as well as your proof of purchase. If there were any witnesses that saw your injury, obtain their contact information. Then, it is important to seek legal representation from an experienced and knowledgeable product liability lawyer to review the details of your situation and determine the validity of your case. An investigation will be performed looking at the warning label and instructions giving special consideration to the manner in which the information is presented, the language that is used, and the symbols or pictures that are depicted. A product liability lawyer can advise you of your rights and assist you in seeking compensation for your personal injuries. In addition, you will be fulfilling a civic responsibility by protecting others from being injured.
Failure to Warn Lawsuits

If you have been seriously injured by a defective product, you may be eligible to pursue financial compensation if the manufacturer failed to adequately warn you about the potential hazards of a product or failed to give instructions on the safe use of a product. In a product liability claim involving a failure to warn, a manufacturer may be held liable for your injuries, including medical care and treatment, your pain and suffering, lost earnings and wages, loss of future earnings, and medical expenses that may be incurred.

In a failure to warn lawsuit, the injured party must show the court that the manufacturers knew or should have known about the dangers associated with the product, and that they were negligent in their duty to warn their consumers about the dangers or risks. Furthermore, it must be shown that the injury resulted from the failure to warn or the failure to appropriately instruct on proper usage.
The Philadelphia Products Liability Lawyers at Edelstein Martin & Nelson, LLP Assist Victims Harmed by an Unsafe or Defective Product

If you or someone you love has suffered personal injuries involving an unsafe or defective product, please call Philadelphia products liability attorneys at Edelstein Martin & Nelson, LLP. We will work to determine if there was fault or negligence by a manufacturer in providing a safe product with adequate warning labels and instructions for safe use. We have offices conveniently located in Philadelphia, PA and Wilmington, DE and handle personal injury cases in both states.

Call us at (215) 731-9900 (toll free: 800-300-0909) to schedule a free and confidential consultation or submit a free online inquiry

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