Product Liability and Warning Labels
By Michael Verna on October 06, 2017
Any product that carries some risk of injury or bodily harm requires a warning label. This includes products as seemingly safe as cell phone chargers and infant bathtubs to the more obviously dangerous, like power saws or household cleaners. When warning labels are missing or incomplete and someone gets hurt, it may be possible to hold manufacturers and sellers responsible for damages through a product liability lawsuit.
At Bowles & Verna, LLP, our attorneys are experienced in product liability and warning labels cases, helping clients in and around San Francisco, CA and San Jose, CA get the compensation they deserve for their injuries and other damages. To discuss the details of your product liability claim, please contact our offices today.
About Product Liability and Warning Labels
Product liability is a legal term that refers to holding a manufacturer or seller responsible for allowing consumers to obtain defective products. In some cases, a product itself may not be defective but may lack appropriate warning labels. However, in such circumstances, a product may be considered defective because it lacked sufficient warning labels.
When Should a Product Have a Warning Label?
Not all products require a warning label, but any product that can be dangerous or carries a risk to the consumer needs to have a warning label to advise consumers of the risk, as well as provide instructions on how to safely use the product. Some examples of when a warning label should be present include:
- A product is dangerous and can cause serious injuries or death if not used properly
- The manufacturer is aware of a danger with its product
- The danger of a particular product isn't obvious
- A product is dangerous even when used as intended
What Should a Warning Label Include?
Simply having a warning label on a product does not mean that a manufacturer or seller can no longer be held liable for injuries, death, or other damages that occur as a result of the product. The warning label has to be adequate and does not negate the need for adequate instructions. Additionally, warning labels should be easily seen and not hidden on a product or its packaging. Some things that should be stated on a warning label include:
- What existing hazards are present
- The effects of any related hazards
- How to avoid any associated hazards
- The severity of risks associated with the product
Seeking Damages Through a Product Liability Lawsuit
When a manufacturer fails to adequately warn consumers of the dangers of a particular product and people subsequently get hurt, there may be grounds for a product liability lawsuit. Determining fault in a product liability lawsuit can be complicated and often requires a great deal of investigation, which is why it is important to seek an experienced product liability attorney. A product liability attorney can gather experts, professionals, and other evidence to support your product defect claims.
Contact the Product Liability Attorneys at Bowles & Verna, LLP
If you or a loved one have been injured as a result of a defective warning label or other product defect, you are encouraged to contact our product liability attorneys. Our product liability attorneys have the experience to get you the compensation you deserve.