When Can a Product’s Label Render it Defective?
Under products liability law in Mississippi, manufacturers, retailers, and other companies can be held legally responsible if a consumer suffers an injury due to a defect in a product. Often, the flaw may be the result of some error in the manufacturing process or inherent in the design of the item when it was being developed. Additionally, a product can be considered defective if it didn’t provide adequate warnings on the labeling and/or instructions provided as part of its packaging. This specific type of products liability case is called a “failure to warn,” and an attorney can explain the elements of the cause of action. However, if you’ve been injured due to a failure to warn defect, some background information may be useful.
Failure to Warn in Products Liability Cases
Even when the product is otherwise perfectly intact, it will be considered defective if there aren’t adequate instructions or warnings on usage. A warning isn’t required for every product, but items must include appropriate cautions as mandated by the Consumer Product Safety Commission. Examples where warnings would be necessary might include:
- Where the product’s dangers aren’t noticeable or obvious;
- When the manufacturer knows about the hazards when the product is used in a reasonable manner; or,
- Where the manufacturer is aware of the dangers when the product is used in a way that’s not intended, but is foreseeable.
When a warning does not meet these standards and you were injured as a result, you may file a lawsuit to recover for your losses. Note that the manufacturer may have a defense if you were using the product in a way that it wasn’t intended or you were misusing it.
Requirements of Warnings
To provide adequate notice of a product’s dangers, the warning must be conspicuous and understandable to the average person who would be using it. The language shouldn’t be buried in the technical, small-print details where a consumer would be likely to overlook it. A manufacturer would typically place the warning on the product itself instead of in a manual.
In addition, a company must be knowledgeable about the products it produces. A manufacturer cannot claim that it was unaware of a risk, so it will be liable where it failed to warn about a risk it should have known.
Biloxi Lawyers Will Protect Your Rights in a Products Liability Case
Whether you were injured as a result of a manufacturing or design defect, or a failure to warn of a product’s dangers, you may have a right to compensation for your losses. Products liability concepts hold responsible the manufacturers, distributors, retailers, and other companies within the supply chain of getting a product to the consumer. Still, this area of law is quite complex and establishing your case can be a challenge if you don’t have a legal background. The attorneys at the Law Offices of Judy Guice will aggressively pursue the entities responsible for your injuries, and help you obtain the highest amount of compensation under the law. Please contact our Biloxi, MS office today to set up a free case evaluation.