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Manufacturers who fail to warn consumers endanger the public

Many times, injuries caused by a product are not the result of a defect in the product’s manufacturing or design. Even a product designed and put together with reasonable care by the manufacturer can have a potential hazard, such as a drug with possible side effects.

Manufacturers have a duty to warn the public of these possible dangers. When they do not, and someone suffers harm as a result, that is called “failure to warn” in product liability law. It does not matter if the product was well-designed and made for its purpose. Victims can make their case by showing that their injuries could have been prevented, or at least reduced, had the company provided adequate information.

It is surprisingly common for businesses not to include necessary warnings on their products’ packaging or labels. Versions of failure to warn include:

  • Failure to provide the user adequate instructions on how to use the product properly and safely
  • Failure to warn about potential dangers
  • Failure to warn consumers about risks associated with using the product

Besides omitting an important warning or instruction, manufacturers can mislead consumers by exaggerating their products’ benefits, making misleading or outright false claims, or otherwise defrauding the public in their marketing schemes.

As with most product liability cases, proving a failure to warn claim can be complicated. The defendant is likely to vigorously fight the allegations, and if it is a large business like a pharmaceutical company, it will devote its deep pockets to get the victim’s case dismissed. Still, victims can obtain damages, with the help of a personal injury attorney.

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