Failure to Warn / Marketing Defects
Houston Product Liability Lawyer Representation
"Failure to Warn," also commonly referred to as marketing defect, is a type of product liability. In this type of case, a plaintiff can claim that failure to warn resulted in an injury, illness or death because of a dangerous product. In the United States, there are three different types of product liability claims. The first type involves a product that was manufactured poorly. Manufacturing companies can be accused of manufacturing defects when these defects cause the injury of consumers. Second, there are design defects. This means that a product would have posed a risk of harm to consumers even if it was manufactured without error; the defect is in the design itself. Finally, there is failure to warn.
Product manufacturers are required to warn consumers of the potential for harm when handling a certain product. For example, most products come with instructions for safe use. "Do not get wet" or "Do not puncture" are some examples of warnings on product labels and inserts. Product manufacturers should also clearly indicate what age group the product is intended for. "For ages 4+" is an example of an age restriction. Consumers should take care to heed all warnings and age restrictions.
Marketing defects also deal with print and television advertising. Sometimes, product manufacturers can be sued for how they represent a product in the media. For example, even if a product is sold with the proper warning labels, but it is advertised to an age group that is not the appropriate age group, then this could constitute a marketing defect. The Consumer Product Safety Commission (CPSC) regulates the manufacturing and distribution of consumer products. It is important to check frequently to make sure one of your products has not already been recalled because of safety issues.
Breach of Warranty, Negligence & Strict Liability
A plaintiff can make a variety of different claims when it comes to a defective or dangerous product. One claim would be that the manufacturing company breached its warranty that was promised to consumers. A warranty is a statement that a manufacturer makes to the consumer. For example, if a product stated that it carried a "lifetime warranty" but the product stopped working after three years, then this could constitute a breach of warranty.
There is also the principle of negligence. If it can be proved that a manufacturer owed a duty of care to consumers and that duty was breached which then resulted in an injury, then the product manufacturer could be found negligent. Negligence is a type of liability claim. Basically, this says that because of a manufacturer's carelessness, they are responsible for consumer injury. Strict liability, on the other hand, implies fault but it does not involve negligence. A manufacturer can be responsible for a defect without being negligent, but a manufacturer cannot be negligent without also being labeled liable.
Contact us if you were injured by a dangerous product!
If you or someone you love was injured by a dangerous or defective product, please do not hesitate to contact a Houston personal injury lawyer at Stern Law Group. Our firm has helped more than 40,000 clients and we may be able to help you with your case as well. We have experience dealing with various types of product liability cases, so please, get in touch with our firm to discuss. Your initial consultation will be completely free of charge. In this consultation, we will be able to analyze your case and determine what your rights under the law are.