There are products that should come with warnings from manufacturers or marketers, and an inadequate or missing warning can form a legal basis for an injury claim. For example, you may have a valid claim against a drug manufacturer if they didn't warn you about the side effects of their drug, and you have suffered the side effects. In general, a product should come with a warning if:
The Product Is Dangerous
As expected, the first thing is to prove that the product is dangerous. A product is dangerous if it has the potential to cause injury to its user or to other people. To shed more light on the issue, here are a few examples of products that may be considered dangerous:
- A pain medication that causes temporary blindness
- A wall paint that increases the risk of cancer
- An appliance with sharp or pointed edges
The Manufacturer Knows about the Danger
Secondly, you must prove that the manufacturer is aware of the danger. This also means that the manufacturer did not take measures to get rid of the danger or the danger is an inherent part of the product and it must be present if the product is to perform its required function. A good example is a pain medication that contains an ingredient that deadens pain but also causes other, unintended side effects.
Reasonable Use of the Product Doesn't Negate the Danger
You will also be required to prove that the danger of the product doesn't go away even if you use the product reasonably or as intended by the manufacturer. For example, in the case of a drug with dangerous side effects, the side effects must be there even if you take the right dosage of the drug or adhere to other medication instructions from the manufacturer. However, the manufacturer doesn't have to warn you about the side effects that you might experience if you abuse the drug.
The Danger Is Not Obvious to a Reasonable User
Lastly, you have to prove that the danger is not something you can see just by looking at the product. For example, a knife manufacturer doesn't have to warn you about the danger of being cut because it is obvious that sharp objects can cut. In contrast, you can't know about the dangerous side effects of a drug just by looking at it, which means you should be warned about those side effects.
If you think you may have a personal injury case, contact a company like Steeg & Glista PC for more information.