Warning Defect Lawsuits Lawyer
Many products can cause injury if the user is not aware of possible dangers. Electrical appliances and equipment typically come with warnings for users on how to avoid electrical shock. Ladders usually warn about weight limits and types of use. It is the responsibility of manufacturers to warn consumers of possible risks. A “warning defect” is a product that does not have the appropriate warnings for users to prevent injuries.
What Is a Warning Defect?
Products that are used every day can be dangerous if used incorrectly. However, this is not necessarily a defect. A warning defect is when the danger is known by the manufacturer, and the injury can occur when the product is used as intended, but no warning is provided to users. If the following are true, the manufacturer has a duty to warn users of possible danger or risk when using the product:
- The product is dangerous and can cause injury
- The injury risk is known or should be known by the designer or manufacturer
- The risk is present even when the product is used in its intended manner
- The risk is not obvious or evident to the user
An example is warning users not to use the top of a ladder as a step. The ladder manufacturer is aware of the risk and the ladder is still being used as intended, but not all users may realize that this can be dangerous. A warning defect is when a manufacturer does not provide a warning that puts users at serious risk of injury when using the product as intended. When a consumer is seriously injured due to the manufacturer not performing their duty to warn about risks, the manufacturer may be liable for injuries if the injured party pursues a warning defect lawsuit.
If you have been seriously injured when using a product as intended, but there was no warning of risk provided by the manufacturer, you may be eligible to pursue a warning defect claim. Contact our team at Conley Griggs Partin LLP to discuss your claim during a free consultation with our personal injury attorneys.