What is a ‘Failure to Warn’ Lawsuit and What Do You Need to Know About It?

Unsafe products cause accidents every day. In 2021, 11.7 million Americans received emergency treatment for injuries resulting from consumer products often assumed to be safe. Companies are legally required to warn the public of any potential risks associated with their product. When they fail to do so, they may be held liable for injuries their product has caused through a ‘failure to warn’ lawsuit.

If you have been injured by a product without the correct notice, you can claim compensation. An experienced attorney can prove negligence and recover damages on your behalf.

But what exactly do you need to know about a ‘failure to warn’ lawsuit? What does failure to warn mean?

What Does Failure to Warn Mean in a Product Liability Case?

Product defects aren’t always restricted to design. Sometimes, they may prove dangerous only if misused. Hence, manufacturers must furnish warnings that instruct customers to use their products safely.

Let’s dive deeper into what makes a ‘failure to warn’ lawsuit.

1. What is a ‘Failure to Warn’ Lawsuit?

Simply put, a claim based on failure to warn alleges that the manufacturer failed to offer enough warnings or instructions about the safe use of the product, and the plaintiff was injured because they were uninformed.

A few objects are inherently dangerous and don’t need to carry a warning. For example, a pair of scissors or kitchen knives do not require disclaimers, because customers are already aware of the dangers involved in using them.

However, some items may be hazardous when misused. Take a folding chair for instance. Although the chair is not intended for standing, it’s reasonable to assume someone might use it as a stool. Hence, the chair manufacturer should provide a warning label to discourage such acts. If they fail to do so, and the consumer is injured, they can be charged with a ‘failure to warn’ lawsuit.

2. What is a Duty to Warn?

Generally speaking, a duty to warn occurs when:

• The product is dangerous
• The manufacturer was aware of the danger
• The danger is not obvious
• The product is dangerous even when used as expected

Also, adequate warning labels should be:

• Detailed
• Well-explained
• Concise
• Prominent
• Written in easy-to-understand language

3. Who is Usually Held Liable for a Failure to Warn Lawsuit?

Anyone involved in producing and distributing the product may be at fault for the failure to warn claim. If a party in the chain of sale could foresee the harm caused by the product –and didn’t adequately warn the consumer of the same– they can be held responsible for any resulting injuries. This could range from the manufacturer to the wholesaler or retailer.

A word of caution here, product liability cases can be incredibly complex and involve multiple defendants. Because navigating these claims is challenging, you must work with an experienced product liability attorney to seek damages on your behalf.

4. What Happens During a Failure to Warn Lawsuit?

‘Failure to warn’ lawsuits follow a similar pattern as most personal injury and product liability cases, but on a larger scale. A plaintiff must produce arguments, and the defendant will have to defeat them.

A product liability attorney will work with you to prove the following in court.

• The product’s company/manufacturer was aware of the dangers associated with the product.
• They were obligated to warn consumers of these dangers.
• They failed to warn consumers.
• The risks were not reasonably foreseeable.
• Customers used the product as intended.
• The failure to warn led to an injury or death.

Your lawyer will launch a thorough investigation into the product liability case and the company’s processes and history. They’ll also use their acute understanding of product liability law to counter the defendant’s likely attempts to make you accept accountability for their mistake.

5. How Can a Product Liability Lawyer Come to Your Aid?

When you have an attorney represent you in a ‘failure to warn’ lawsuit or product liability case, they’ll work diligently to build your case. First, they will examine each element of your claim and gather evidence to support your position. This can include:

• Your testimony
• The defective product
• Photos of the product
• Medical documentation of your injuries
• Accident reconstruction from an expert witness
• Records of your losses and damages
• Statements from neutral witnesses
• Expert comments on the severity and duration of your injuries
• Expert comments on the connection between the product defect and your injuries

The product liability lawyer will also use the judicial process to raise legal issues and strategize your stance before the trial. They can improve your chances of attaining a satisfactory conclusion.

Building a product liability case requires careful thought and effort. A reputable product liability lawyer will use every tool in their arsenal to ensure you get the justice you deserve.

Contact the Product Liability Lawyers at MVSK Law Today!

It does not matter what the product in question is. It could be a home exercise device with surprisingly flammable qualities. Or, it might be a toy that was a choking hazard. As long as it is a product you tried to use and got injured instead, you likely have a product liability case–no matter what the guilty party will tell you. If the company did not attach a unique warning label to their product, you have reason to file a ‘failure to warn’ lawsuit.

When you’ve encountered a product-related accident, you deserve to rest and recover. That’s why the product liability lawyers at MVSK Law will handle the legwork. We have the knowledge and experience needed to help victims recover compensation once a company fails its duty of care. Contact us for more information today!