Failure To Warn
If you have been injured or suffered other damages because of a product you used, you may have a defective product liability claim. Though the range of defective product cases is broad, the claims typically fall into three categories of product liability: (1) defective manufacture; (2) defective design; or (3) failure to provide adequate warnings or instructions concerning the proper use of the product.
Product liability cases often involve allegations that a manufacturer failed to warn a consumer of the dangerousness of a product. Failure to warn allegations often arise in cases involving dangerous pharmaceuticals and products that contain harmful materials such as asbestos. Failure to warn cases use the premise that a manufacturer has a duty to ensure that it adequately warns individuals of the harms that its products may cause.
There are five basic elements of a product liability claim based on a failure to warn theory:
- The manufacturer sold the product in the course of its business.
- The defective product was unreasonably dangerous when put to a reasonably anticipated use without knowledge of its characteristics.
- The manufacturer did not give adequate warning of the danger.
- Allegedly defective product was used in a manner reasonably anticipated.
- The consumer was damaged as a direct result of the product being sold without an adequate warning.
A product seller is liable to a party who suffers injury or loss from the use of a product if the product could not be used safely by the ordinary consumer without adequate instructions or warnings. You must decide whether a warning was necessary and, if it was, whether the warning was adequate.
In deciding whether a warning was necessary, you may consider:
the likelihood that the product would cause the harm suffered by the plaintiff;
the ability of the product seller to anticipate at the time the product seller put the product into the stream of commerce that the expected product user would be aware of the risks involved in using the product and the nature of the potential harm;
the technological feasibility and cost of warnings and instructions.
Products liability defendants are usually large corporations with highly professional defense representation. Mr. Naziri has the knowledge, experience and resources to pursue the maximum allowable compensation for your injuries. To arrange a free consultation, call (818)-888-6675 or TOLL FREE at (888)-9-GOT-LAW