Product liability law is a body of legislation that concerns the determination of responsibility or fault for defective or dangerous products. [1] Product liability law is based on the presumption that consumers purchase products under the assumption that the product is safe for ordinary use. When a product’s design or manufacturing results in injury or death, the product fails the obligation it possess towards consumers. A claim for product liability results in any party along the chain of distribution being held responsible for the defectiveness or dangerousness of the product which includes the product manufacturer, any manufacturer of component parts, a party that assembles or installs the product, the wholesaler, and the retail store that sold the individual product to the consumer. [2] There are three common forms of product defects including design, manufacturing, and marketing. A defect in the marketing of a product can include improper labeling, insufficient instructions, or inadequate safety warnings. [3]
Defects or Inadequacy in Warning
A manufacturer or seller can be liable for a product defect if there are inadequate warnings or instructions supplied to the consumer in which if proper warnings were made available, the foreseeable risks of harm posed by the product could have been reduced or avoided.[4] The manufacturer who is releasing a product into the hands of the public shares a duty to warn when there are hidden or nonobvious dangers, manufacturer is aware of the danger, the danger is present when the product is used under the normal or intended manner, or when instructions are requires in order to let consumers know how to safely use a product to avoid danger. [5] The warning or instruction are not required to meet any standardized format, but typically are positioned and designed with font sizing and coloring to be clear, specific, and conspicuous to consumers. [6] During a products liability lawsuit, an injured party who can prove that warnings or instructions are not present or not reasonable, can hold manufactures or sellers liable for any of the resulting damages sustained due to the defectiveness or dangerousness of a product such as medical expenses, lost wages, pain and suffering, or property damage.
Contact an Experienced St. Louis Personal Injury Attorney for a Free Consultation
If you have been injured by a defective or dangerous product, it is important to discuss the circumstances of your injury with an experienced product liability attorney who can help to protect your legal rights and interests. To contact a personal injury attorney for a free consultation please feel free to call the The Bruning Law Firm trial attorneys at 314-735-8100.
Resources:
- http://injury.findlaw.com/product-liability/what-is-product-liability.html
- http://injury.findlaw.com/product-liability/defects-in-warnings.html
