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.

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:

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.