Inadequate Instruction and Warning Label Defects
Under general product liability laws, a product may be found defective due to inadequate descriptions or warnings when the anticipated risks of injury resulting from the outcome could have been minimalized or altogether avoided. Furthermore, the absence of these instructions or warnings makes the product unreasonably safe. Should a manufacturer or distributor of a product release a product to the marketplace without proper direction, that manufacturer or distributor can be found liable for damages.A Manufacturer’s Responsibility for Warning Labels
There are two main responsibilities that a manufacturer has for product warning labels and instruction.
First, the manufacturer must warn users of reasonably possible dangers inherent to a product.
Second, the manufacturer is required to instruct users on how to properly use the product in order to avoid potential dangers and ensure safe use.
For example, let’s say a consumer purchases a bug or pest spray for their residence. If they spray their domain but the warning label does not advise to use proper ventilation, and the consumer becomes sick or worse, the manufacturer may then be found liable. There are also main criteria for creating a label.
Labels require the following considerations:
- Warning labels must be specific and concise
- The label must be readable and on an area that is easy to locate
- The label must be written in an easy to understand format for general consumers
Companies can decide to include warnings for their products. They may choose not to create a warning label, even in the face of obvious danger. However, warning labels are typically required under certain circumstances.
These circumstances can include when:
- A product poses a danger
- The product’s manufacturer is aware of the danger
- The product’s danger is imminent when the product is used for its intended use
- The product’s danger is not reasonably obvious to an average user
California poses a statute of limitations for inadequate warnings, which is generally two years from the date on which the victim was injured. Not filing within this timeframe, or “limitations period,” can dramatically reduce the options available for bringing a lawsuit against the product’s manufacturer. It is important to act fast and get the legal advice you need for these matters.
However, if the harmful effects of the product were not discovered until a period of time after the event, a plaintiff can file suit up to one year after discovery of the injury. To do this, a plaintiff must show that he or she did not know the disclaimers that existed and their injuries can be directly linked to the lack of warning. The two-year period can also be offered to the plaintiff if he or she was under 18 years old, not legally competent at the time of the injury, or did not reside in California at the time.How an Attorney can Help You
Arguing on the statute of limitations is one technique manufacturers will try to use in countering a lawsuit. Many will also try to shift blame back on consumers, trying to prove the consumer did not use the product for its intended use or intentionally disregarded warning labels. However, you can fight back with the assistance of experts, and we can show you how. You can learn more about your rights with Bridgewater Law Group and get the compensation you deserve.
At Bridgewater Law Group, we know many of the strategies used by manufacturers, and we know how to fight back against them. Our attorneys have excellent knowledge of business ethics and practices. We relentlessly pursue the right settlement for you and your family. Our firm will hold negligent companies accountable.No Fee Unless We Win
Your win is our win, and we will not settle for anything else. Give us a call today for a free consultation. Within the span of the 30 minute consultation we can tell you if you have a case, the options you have, and how we can help. Our services are available 24 hours a day, 7 days a week, and 365 days a year. We don’t rest in our pursuit of justice!