Los Angeles Failure to Warn Attorney
The knowledgeable Los Angeles failure to warn lawyers at BISNAR CHASE have a long and successful track record of helping those who have been severely injured as a result of poorly designed or manufactured products.
Victims injured by defective products find themselves up against large corporations that are guarded by formidable legal defense teams. We put our knowledge, resources and skills to work for our clients so they have what it takes to stand up and fight against these large entities. If you have been injured by a defective product or wish to find out if you have a failure-to-warn lawsuit in Los Angeles, please contact us at (949) 203-3814 for a free consultation and comprehensive case evaluation.
Each day in the United States, millions of products are used by consumers under the assumption that they are safe and could cause no harm. Unfortunately, we know that this is not the case. In fact, millions of consumers are injured or even killed each year as a result of dangerous or defective products. A number of these products are dangerous because they are unsafe when used as they should have been used. A number of product liability lawsuits filed in our courts involve products that were faulty as a result of a manufacturing defect, design flaw or a Failure to Warn.
What is Failure to Warn?
When manufacturers of products fail to warn of the dangers associated with the goods they produce, it is known as "Failure to Warn." The labeling on the product and instructions to use a specific product must be clear and concise. Manufacturers must also post warnings about the dangers posed by the product. Some useful products, however, can present certain inherent dangers that cannot be eliminated without reducing the functionality of the product.
For example, kitchen knives may be extremely sharp. But if the knives are not sharp, it they may not be useful in the kitchen any more. Product manufacturers have a duty to warn consumers of the risks associated with the use of a product. Manufacturers have this duty only if they knew or should have known about the risks and dangers presented by the product at the time it was made.
Did the Manufacturer Have a Duty to Warn?
The plaintiffs in such product liability lawsuits must how that the manufacturers knew about the danger posed by the product and had a duty to warn consumers about such hazards. Plaintiffs must also show that the product manufacturers were negligent in their duty to warn, which caused the consumer to suffer injuries while using the product. It is important to ask the following questions:
- Did the product function as intended?
- Could the manufacturer of the product have foreseen or anticipated the dangers associated with its use?
- Would the warnings or instructions have prevented the accident?
Examples of Failure to Warn
Failure-to-warn lawsuits often involve hazards that consumers could not have reasonably known without proper warning. Here are a few examples:
- Manufacturers of drugs must provide a list of potential side effects that consumers can expect to suffer as a result of using their product.
- Manufacturers of medical devices must warn consumers about the possible adverse effects they could suffer from as a result of using their products.
- Companies that make children's products such as furniture and toys must warn parents and caregivers about any potential hazards such as the danger of falling or choking.
- Manufacturers of household appliances should warn consumers about potential burn or electrocution hazards.
- Tobacco companies should warn consumers about the additive nature of their product and any potential adverse effects such as cancer and birth defects.
- Companies that make household or industrial cleaners should post warnings about how consumers or workers can protect themselves from toxic exposure.
When is a Warning Good Enough?
The law requires than an adequate product warning must include complete disclosure of the hazards that exist and the degree of risk or danger that is involved. The warning must also be posted visibly where a consumer can see it. Elements of an adequate or effective warning include cautionary words written in bold or large letters alerting the consumer such as "DANGER" or "WARNING." The warning should clearly identify the nature of the hazard.
For example, does the product pose a risk of choking or burn injuries? A proper warning should also include details about what could go wrong if the warning is not obeyed. In addition, the warning should have information about how consumers can avoid a dangerous situation while using the products. Finally, the use of pictures showing how to use the product and how not to use it will also adequately alert consumers, emphasizing the hazards involved with the product.
Compensation for Injured Consumers
Anyone injured by a defective product has the right to file a product liability claim against the negligent manufacturer for injuries, damage and losses suffered. For a failure-to-warn claim to be successful, injured consumers must prove that the defendant manufactured, sold and distributed the product; that the product had dangers or risks about which the defendant knew or should have known; that these known risks presented a danger to the consumer when the product is used in a reasonably foreseeable way; and that the manufacturer failed to warn consumers about the potential risks. Plaintiffs in such cases must also prove that he or she was harmed and that the lack of warning was a substantial factor in causing the victim's injuries.