When and How to Pursue a Product Liability Lawsuit for Failure to Warn

In our daily lives, we rely on countless products, from toasters to cars to kitchen gadgets. But when these products fail to perform safely, they can cause serious harm. Product liability laws are designed to hold manufacturers and other responsible parties accountable for defective products. One common form of product liability is known as “failure to warn,” where a manufacturer does not adequately inform consumers about potential risks associated with their product. 

At Capital Injury Law, we’re dedicated to helping victims of personal injury, including those harmed by defective products. If you’re dealing with an injury caused by a product that didn’t come with the proper warnings, we’re here to help you understand your legal options. This post will explain the basics of product liability, the complexities of failure to warn claims, and why consulting a lawyer is crucial for pursuing a successful lawsuit.

The Basics of Product Liability

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers to ensure the products they sell are safe for consumer use. If a product is defectively designed, manufactured, or marketed, and that defect causes harm to a consumer, the injured party may be entitled to compensation.

There are three main types of product defects that can lead to a product liability claim:

1. Design flaws – Issues in the design of a product that make it inherently dangerous, even when properly manufactured.
2. Manufacturing flaws – Problems arising during the production process that result in dangerous or defective products.
3. Failure to warn – A failure to adequately inform consumers about the potential risks of using a product or providing warnings that are difficult to see or understand.

The focus of this post is on failure to warn, which is a form of marketing defect.

Failure to Warn Definition and Examples

Failure to warn refers to a manufacturer’s failure to provide adequate information about the risks or dangers associated with using a product. It can also refer to situations where a product contains warnings that are unclear, buried in fine print, or difficult to find.

Examples of failure to warn include:

• A medication that causes severe side effects, but the manufacturer fails to include a clear warning on the packaging.
• A power tool with sharp edges but no warning on the product or instructions to alert users about the risk of injury.
• A cleaning chemical that, if mixed with other substances, could release toxic fumes, but the manufacturer doesn’t provide an obvious warning on the label.

In all these cases, the manufacturer may be liable if the consumer uses the product and suffers harm as a result of the failure to warn.

Considerations in a Failure to Warn Product Liability Lawsuit

Failure to warn product liability can be especially complicated. There are various laws and factors to consider, which vary by state, and it can be difficult to prove things like obvious risks and predictable use of a product. Let’s look at some key elements of a failure to warn case.

Strict Liability vs. Negligence

Product liability cases are sometimes governed by strict liability, which means that the manufacturer can be held responsible for a defect in the product regardless of whether or not they were negligent. Strict liability and product liability laws vary by state. 

In Washington, manufacturers can typically be held strictly liable if there is a breach of warranty. But in most other cases, they will only be held liable if you can prove their negligence. Consequently, you will need to prove that the manufacturer failed to exercise reasonable care in providing warnings, and that this failure directly caused your injury.

Intended or Predictable Use of the Product

A key question in a failure to warn lawsuit is whether the consumer was using the product as intended or in a way that the manufacturer could have predicted. Manufacturers are not always liable for injuries that result from misuse of a product, especially if the misuse was unexpected or unreasonable.

For example, if a person removes the safety cover from a tool before using it and then is injured by an exposed blade, the manufacturer probably will not be liable since that is not the intended or reasonable use of the product. However, if a product is used in a way that the manufacturer could predict and the risks are not obvious, a failure to warn claim may be valid.

Conspicuous Warnings vs. Obvious Risks

It’s important to understand that a manufacturer is only required to provide warnings for risks that are not obvious to the average user. For example, a knife doesn’t need a warning that it can cut you—this is an obvious risk. However, a power tool that can cause serious injury if used improperly should include a clear warning.

Manufacturers are also expected to ensure that warnings are conspicuous—meaning that they should be easy to find and understand. A small warning buried in the fine print of an instruction manual may not meet this standard, especially if it is likely that the consumer will not read it before use. Typically, the greater the potential risk and harm, the stronger the argument that there should have been a warning on the product.

Evaluating Your Potential Failure to Warn Case

Pursuing a failure to warn product liability lawsuit can be challenging. These cases often involve complex legal debates, including whether the manufacturer could have foreseen the danger and whether the warning was adequate. To succeed in a failure to warn claim, you must demonstrate that:

• The manufacturer had a duty to warn consumers about the risks of the product.
• The failure to warn resulted in harm to you as a consumer.
• The risk was not obvious or predictable to the average user.

Because of the complexities involved in proving these points, it’s crucial to consult an experienced product liability lawyer. A lawyer can help you evaluate whether you have a viable case, gather evidence, and guide you through the legal process to ensure the best possible outcome.

Consult a Product Liability Lawyer Today

If you’ve been injured by a product and believe that failure to warn was a factor, you don’t have to navigate the legal process alone. One of our product liability lawyers can evaluate the merits of your claim and help you determine if it’s worth pursuing a lawsuit. If you move forward with the claim, we’ll work hard to hold the responsible parties accountable and help you seek the compensation you deserve for your injuries, medical bills, lost wages, and pain and suffering.

Contact us today to schedule a consultation, and let us help you through the legal process of pursuing a product liability lawsuit for failure to warn. You don’t have to fight alone—let us advocate for your rights.