Scottsdale Product Liability Lawyer
Attorney Representation in Phoenix, Arizona Since 1996
Failure to Warn
How does the law determine whether or not a manufacturer or designer has provided adequate safety instructions and warning labels?
The answer depends on the details of a given situation, but the following parameters are often invoked. First of all, was the injured party using the product in a manner the manufacturer intended or could have foreseen? Was it physically possible for the manufacturer designer to put a warning label on the product? Would an average user have understood the warning? How severe was the injury? (If an injury caused by a defective product led to permanent harm or death, judges and juries will probe more deeply to find liability.) Finally, was the product intended for an audience of experts? An auto mechanic, for instance, might be expected to know more about auto part safety than the average driver would know.
In general, failure to warn situations can be grouped into two classes.
- The warnings were inadequate or inappropriate to the needs of the user.
- The warnings misled the user to behavior that led to injury.
Manufacturers and designers might also be required to warn of potential dangers of misuse or alterations to products.
If you believe that you may have a failure to warn liability claim in Arizona, get in touch with the experts at Breyer Law Offices ASAP. Whether your father took the wrong dose of a prescription medication as a result of a misprinted label or your child choked on a toy that was improperly labeled, we can parse your legal options and suggest remedies. Dial us now at 602-267-1280 to set up a free consultation.
