Failure to Warn Attorneys in Kansas City, MO
Most product liability lawsuits are based on either a defective design or a failure to warn. The latter is particularly challenging area of personal injury law and depends on a number of independent factors, state laws, and industry standards. Contact one of our experienced and successful Kansas City failure to warn lawyers at Fowler Pickert Eisenmenger Norfleet for a free case evaluation, today.
In essence, a failure to warn lawsuit is typically brought when a product fails to provide, or inadequately provides, warnings of potentially harmful or dangerous results. Failure to warn cases are frequently brought against pharmaceutical companies, food and beverage manufacturers, and companies that produce electronics and baby products.
Examples of Failure to Warn Claims
While each situation depends on a number of factors and situation-specific details, here are some very basic examples of failure to warn claims.
- An over the counter NSAID designed to reduce inflammation and block pain fails to provide information regarding potential symptoms on the bottle’s label. Without knowing the associated risks, a consumer uses the drugs over an extended period of time and develops internal bleeding.
- A travel thermos fails to warn consumers against putting hot liquids inside. Thinking that it’s fine to place hot coffee in his new thermos, a consumer ends up with third-degree burns as a result of coffee spilling through the container.
- A new lawnmower fails to warn purchasing consumers that the blade does not come properly fastened and needs to be tightened before the first use. Without the warning, the consumer thinks it is fine to use and ends up being cut badly.
The Five Basic Elements of a Failure to Warn Product Liability Case
Like any personal injury case, there are a number of elements that must be satisfied for the claim to be successful. When dealing with failure to warn product liability cases, there are five. All five must be fulfilled for a positive verdict in favor of the consumer or user:
- The manufacturer or company must have sold the product in the normal course of its business.
- The defective product must have been unreasonably dangerous when used in a reasonable manner without complete knowledge of its features and characteristics.
- The manufacturer or company did not provide adequate warning of possible dangers (or warning at all).
- The defective product was used in an appropriate manner.
- The consumer was hurt or damaged as a direct result of the product being used in an appropriate manner.
If each of these five elements is satisfied, a failure to warn case will likely result in a successful verdict for the injured consumer. However, it is important to note that the duty of a manufacturer or company to warn consumers of potential dangers can vary greatly depending on the type of product, intended use, and industry.
For example, a company selling lighters does not have to warn customers that fire may burn skin. This is considered an obvious danger and any reasonable person can understand the possible negative consequences of holding a lighter against exposed skin. However, that same company would be required to warn customers that the same lighter may explode if left in direct sunlight for an extended period of time. Again, it all depends on the definition of “common knowledge” and how the product is intended to be used.
Get Help with Your Failure to Warn Case
If you believe you or a loved one have suffered as a result of product’s failure to adequately warn, you may have a case against the manufacturer or company behind the product. For assistance determining whether your case meets the five criteria mentioned here, contact our team of Kansas City personal injury attorneys at Fowler Pickert Eisenmenger Norfleet today. An experienced failure to warn attorney in Kansas City, MO can guide you through the process and build a strong case that will stand up in the court of law. You don’t deserve to suffer; contact us today.