Failure to Warn

Product manufacturers have a duty to provide adequate warnings and instructions to their customers. If a product fails to warn a user of a potential danger and the user is injured as a result, the manufacturer could be liable for any damages that occur.

Examples of failure to warn claims include the following.

  • Medication that fails to include information about dangerous drug interactions
  • Corrosive chemicals that lack instructions on how to safely handle and use them
  • Electronic cigarettes that fail to warn about the risk of combustion if the battery is left unattended while charging

To secure compensation in a failure to warn claim, you will need to show that the manufacturer should have known about the potential product hazard. The manufacturer may attempt to avoid liability if the hazard was obvious or completely unpredictable.

What to Do After Experiencing a Product Injury

If you are injured by a dangerous or defective product, it is important to seek help as quickly as possible. Receive emergency medical attention and save all records related to your treatment and injuries. Document your accident by taking pictures, saving physical evidence, and collecting information from any witnesses.

Robert Norfleet
Helping Kansas City area medical malpractice, car accident, wrongful death and personal injury clients.