Failure To Warn

Although product liability claims often arise as the result of defects with the product itself, including both manufacturing defects and design defects, consumers can suffer injuries and damages when a product fails to warn consumers about potential dangers associated with the product.

Also known as marketing defects, failures to provide adequate warnings can subject consumers to serious dangers that could have been prevented had a manufacturer, retailer or other responsible entity taken reasonable measures to alert consumers. Failures to warn can occur in the following ways:

  • Failure to provide adequate instructions on the safe and proper use of the product
  • Failure to warn consumers about potential dangers
  • Failure to warn consumers about risks associated with the use of the product

Failures to warn can make well-designed and manufactured products potentially dangerous. In addition to failing to warn consumers, manufacturers and / or retailers can also create dangers through other marketing defects.

Other Marketing Defects

Overstating the benefits of a product, making false or misleading claims, and other similar marketing defects can lure consumers into using product for which they do not fully understand the risks. Although there are a variety of situations and circumstances in which marketing defects can arise, it must generally be proven that the damages a consumer suffers could have been prevented or mitigated had adequate warnings been provided.

Marketing Defects Create Complex Personal Injury Claims

Marketing defects pose a number of complex legal issues. In order to hold responsible parties liable for damages, injured consumers must prove a number of factors that highlight the failures of a manufacturer, distributor, and/or retailer and the fact that potential risks and dangers were not readily apparent to the average consumer, among other elements.

Additionally, as is the case during many pharmaceutical and dangerous medication cases, product liability claims that allege marketing defects are combated aggressively by corporations that have extensive, and in some cases seemingly endless, resources.

Our Pittsburgh Personal Injury Attorneys Can Fight on Your Behalf

Given the complexities involved in product liability and marketing defect cases, it is of the utmost importance that you select a firm that has demonstrated a legacy of consistent and substantial success. As our firm has recovered more than $300 million in compensation on behalf of our clients and has been recognized as one of the Best Law Firms in the nation by U.S. News & World Report, you can be sure that should you choose to work with Balzarini & Watson, you will always have aggressive, attentive, and proven representation working for you. Contact Balzarini & Watson to discuss your case.