Do I have a case for my product defect injury?

Free Case Evaluation - Our full time staff is ready to evaluate your case submission and will respond in a timely manner.

Failure-to-Warn Attorneys

California Failure to Warn Lawyers

All products have the potential to cause harm when used incorrectly. Some products, however, are dangerous even when used as intended. It is the responsibility of product manufacturers to provide adequate instructions and warnings when products pose any type of hazard to consumers. Failing to warn consumers of inherent dangers is a form of negligence that often results in devastating injuries or even deaths.

Types of Defects

Companies can be held liable for making, selling, and distributing defective products. A product is considered defective if it has:

  • Defective design: This means that it does not work properly even when assembled and used correctly.
  • Manufacturing defects: This is when a certain number of products are defective because of errors made during the assembly of the product.
  • Marketing defect: This is when there are inherent, non-obvious dangers associated with the product and the company responsible fails to warn consumers. Marketing defects involve dangers that exist whether or not the product is designed and manufactured correctly.

Inherent Dangers and Failures to Warn

Some products have inherent dangers that cannot be removed without making the product less effective. For example, the inherent risk of gasoline is that it is flammable. If gasoline were not combustible, however, it would not be able to power an engine. In this example, it is not the responsibility of gasoline companies to make gas less combustible, but to warn consumers that gas is flammable.

Product manufacturers are not, however, required to warn consumers of all obvious dangers. There is some inherent risk of harm when using sharp kitchen knives, but consumers should know that. Therefore, it can prove difficult to file a failure to warn lawsuit against a knife manufacturer for not telling you that knives can cause laceration injuries.

Examples of a Failure to Warn

Failure-to-warn lawsuits often involve dangers that the consumer could not have reasonably known without warning. For example:

  • Drug manufacturers must provide a list of the many side effects that can result from using their products.
  • Food companies must inform consumers if their product contains any ingredients that can cause allergic reactions.
  • Tobacco companies must warn consumers of the addictive nature of their products. They also must provide clear warnings on the outside of their product informing consumers that smoking can cause cancer and birth defects.
  • Manufacturers of children’s products must warn consumers if their product can present hazards to children of different age groups.
  • The manufacturers of corrosive products, such as paint-removing chemicals, must instruct consumers on how to safely handle and use their product.

Adequate Warnings

Adequate warnings under the law must include complete disclosure of the dangers that exist and the extent of the risk involved. Even when there are warnings, it must be determined if they clearly informed the consumer. Elements of an effective warning often include:

  • Bold signal words such as “danger,” “warning,” “notice” or “caution.”
  • Identification of the nature of the hazard. For example, does the product pose a choking hazard, an electrical shock hazard, or a drowning hazard?
  • A cautionary note about what could happen if the warning is not obeyed.
  • Instruction on how to avoid danger.
  • Pictures to clearly display the danger. Pictures are particularly useful for consumers who have difficulty reading.
  • The use of pictures in combination with symbols such as exclamation points to emphasize serious dangers.

Rights of Injured Consumers

Anyone injured by a defective product has the right to file a claim against the product manufacturer for injuries suffered. In such cases, injured consumers must prove that:

  • The defendant sold, manufactured, or distributed the product.
  • The product had potential side effects, allergic reactions, or risks that were known to the defendant.
  • The known risks presented a danger to the consumer when used in a reasonably foreseeable way.
  • The ordinary consumer would not have foreseen the potential risks.
  • The defendant failed to warn consumers of the potential risks.
  • The consumer was harmed.
  • The lack of warning was a substantial factor in causing the victim’s harm.

Victims of dangerous products would be well advised to research their legal options. A successful product liability claim, for example, can result in financial compensation for the victim’s losses. Depending on the severity of the injuries suffered, support may be available for medical bills, pain and suffering, lost wages, and other related damages. Filing a lawsuit may even force the at-fault company to make changes that protect the health and wellbeing of others.

Why Bisnar Chase

The experienced California failure to warn product liability attorneys at Bisnar Chase have a long and successful track record of fighting for the rights of seriously injured victims and their families. Our team of personal injury lawyers is passionate about the pursuit of justice for our injured clients.

We have the resources, skill, and experience it takes to stand up and fight against large entities be they corporations or governmental agencies. If you have been injured by a defective product, please contact us at (800) 561-4887 to obtain more information about pursuing your legal rights.

CA. Failure to Warn Lawyers

How is tort failure to warn different from criminal failure to warn?

Tort failure to warn is a civil matter, whereas criminal failure to warn is a criminal matter. Tort failure to warn is when the defendant did not give the plaintiff enough warning about the risk of injury. Criminal failure to warn is when the defendant did not adequately warn of a risk that may result in death or serious bodily injury.

What is the legal definition of failure to warn?

The legal definition of failure to warn is not always as clear as it seems. It can be defined in many different ways, depending on the circumstances.

Failure to warn is the duty that courts impose on manufacturers and distributors of products, which requires them to warn consumers about any potential hazards associated with the product. The duty can be breached if the manufacturer or distributor fails to provide warnings about a product’s dangers adequately or fails to provide warnings at all.

If you have been injured, please contact our California failure to warn attorneys for a free case evaluation and to see if we can help you.

Related Blogs

Client Reviews

Bisnar Chase Reviews

Bisnar Chase has been amazing with me through my lawsuit. I felt real compassion for my case and I was given their very best to make sure I was well taken care of. In addition to the great service given during my case, Bisnar Chase helped me get my son to his invited USA Football Team camp in Texas. They immediately offered to help fund the trip and are so supportive of his journey. I felt Kristi is just as excited for him as I am with this opportunity. Kristi has been an absolute delight to talk with. Bisnar Chase is more than I ever expected I could get in an attorney. I would recommend them to anyone!

Christina Del Real
Bisnar Chase Google Review

I had an attorney for my truck accident who wanted almost 60% of what my case was worth. Worse than that, he was willing to settle for $5,000.00 with the insurance company even though I was still treating for whiplash and back pain. I contacted Bisnar Chase Personal Injury Attorneys because a friend recommended them. My case was handled exceptionally well! I was being kept notified throughout the whole process and only when I was comfortable with the settlement figure, did my attorney Gavin Long, accept it. I felt like we were working together and I felt listened to. I would refer Bisnar Chase to anyone who wants quality over quantity!

Lauren B
Bisnar Chase Review - Natalie

I’m so impressed with this law firm. I lost my mother because of a seat defect when she was rear-ended in an auto accident and Bisnar Chase stepped up and took our case. The staff is wonderful and Brian Chase took his time explaining everything via phone with me. I’m honored to have the best of the best working on our family’s behalf, trying to get justice for my Mom, because of a negligent car company still manufacturing faulty seats. I look forward to working with this firm and am hopeful for a positive outcome. Thank you so much, Brian Chase. I know you will work your hardest on this case. God Bless you.

Natalie C.
Bisnar Chase Google Review

Bisnar Chase is a model #veteranowned business that is purpose-driven — showing the power of patriotism in action! Because of Bisnar Chase, low-income veterans will be able to forge new futures at home through pro bono legal care. Team Veterans Legal Institute is grateful to have Bisnar Chase as a sponsor for Lawyers for Warriors — supporting the promise to be there for our veterans when they need it most.

KellyAnn Romanych

Bisnar Chase Personal Injury Attorneys, LLP

1301 Dove St. STE 120, Newport Beach, CA 92660

(800) 561-4887

Have a Question that wasn’t answered here?