What Gives Rise to a Failure to Warn of Dangers Lawsuits?

Product liability claims may be based on three kinds of defects: manufacturing, dangerous design, and failure to warn of dangers or marketing defect. The first two kinds are the most commonly cited basis for product liability cases while the latter is often overlooked.

Few people actually realize that mislabeling, lack of instructions on proper use, and even lack of adequate warnings on risks to users can actually give rise to failure to warn of dangers lawsuits.

There is failure to warn or a marketing defect when:

• Adequate or correct instructions and warnings could have prevented inherent non-obvious dangers
• The user was still injured even after following the warnings

To avoid failure to warn defects, the manufacturer should warn of the effects of foreseeable misuse and foreseeable alterations. However, if the risks of using the product is open and obvious (which will usually be decided by the jury), the manufacturer has no duty to warn the consumer.

For a warning to be adequate and effective in avoiding harm or injury to the consumer, the following elements should be present:

• Signal words to indicate danger, warning, and caution
• The nature of the hazard is identified
• The consequences of the failure to follow the warning is explained
• The way to avoid the danger is expressed
• Pictures may also be used in case of language barriers
• Pictures or other warning signs may be used and combined along with the signal word to clearly indicate the level of the hazard

In the event that none of these elements are present, manufacturers may be held civilly liable to any consumer who may get hurt or killed in the use of products with failure to warn defects. In terms of products and/or services which have been commonly assailed by failure to warn of dangers lawsuits, health products and services are the usual suspects.

Pharmaceutical companies have been sued over the years for its dangerous drugs which instead of benefitting the patient, actually produce harmful results or lack adequate warning of its effect on patients.

Every consumer deserves value as well as quality and safety from his purchase. In the event that the product you bought caused harm to you or any other user and without any fault or negligence on the part of the consumer, refer your case to a product liability lawyer. He would be able to assess the merits of your case and find out if you have a valid basis for a failure to warn of dangers lawsuits.