Topic: Products Liability
Some products – such as a blender or gasoline – pose an obvious risk for users, while other products carry hidden dangers. Products which have the potential to cause serious injury when not properly used, or even if used as intended, must carry a warning for consumers. Companies that shirk that responsibility often are required to defend their inaction in court.
Any product that is not properly marked with an adequate warning can be deemed defective under the legal theory of strict liability. When seeking compensation in such a case, plaintiffs must demonstrate that a product was dangerous, that the product caused actual injury, and that they received inadequate warning about the risks associated with product use.
Manufacturers will often attempt to skirt their duty to consumers by arguing that a plaintiff was somehow to blame for their injury. However, any use of a product that was reasonably foreseeable to a manufacturer must be considered when designing a product label and packaging. Although a table saw may not be designed to withstand contact with a nail, it is capable of such use, which is also reasonably foreseeable. A party who sustained an injury under these circumstances could be entitled to damages incurred in connection with the accident if the product was not properly marked with an adequate warning.
To that end, the warning to consumers must be effective. Even manufacturers who include product warnings, but hide the warning in an instruction manual, or in too-small text on a product package can later be held liable for marketing a defective product. The warning must be clear, concise, and capable of being understood by an ordinary user.
NEW JERSEY PRODUCT LIABILITY LAWYERS AT EICHEN CRUTCHLOW ZASLOW & MCELROY, LLP SEEK JUSTICE FOR INJURED CONSUMERS
If you or a loved one has been injured by a defective product that was not properly affixed with a warning label, you may be entitled to compensation for your injuries. New Jersey product liability lawyers at Eichen Crutchlow Zaslow & McElroy will investigate every aspect of your claim. Call 732-777-0100 or contact us online today to schedule a consultation at our offices in Red Bank, Edison or Toms River, New Jersey, where we proudly serve injured clients throughout the state.