Injuries Caused by Defective Products and Poor Warning Labels

November 30, 2017 — by Joe Horrox
Tags: Product Liability

Product bar codeWhen most people think of an accident, a car crash is what instantly comes to mind. But accidents can happen in many different ways, and can have a variety of causes. Defective products and warning labels may not sound like a typical cause of injury, but do frequently cause harm.

Attorney Joe Horrox in Daytona Beach, FL examines the cause of an accident and acts accordingly. To get the compensation you deserve and hold the proper parties accountable, sit down with a personal injury lawyer who knows how to identify the cause of an accident and the resulting injuries.

Types of Defective Products

When a manufacturer makes a product, the product is required to be made according to certain specifications. Among these are the responsibility to:

  • Manufacture a product that is safe for use.
  • Manufacture a product that will work for its intended use and purpose.
  • Include all necessary health and safety warning labels on the product, so accidents and injuries can be avoided.

The overall design of a product must also be safe and free from harm. If the design itself is flawed, the end result can be a malfunctioning and unsafe product. Products that do not give the intended result or that lack a warning label for proper use can cause injury. When that happens, several key players along the assembly line are culpable.

The first step in knowing who to hold liable for an injury caused by a product is to examine every part of the product itself, from its design and manufacture, to the warning label or lack thereof, and how the product was ultimately used by the consumer.

The Purpose of Warning Labels

Placing a warning label on an item is intended to educate the end user about the proper and safe way to use the product. For a warning label to be effective, it must contain:

  • A clear statement of the potential danger from misuse. This means the label has to be clearly visible on the product and not hidden in fine print, and accurately set forth the possible harm the product may cause.  
  • The potential hazards of the product. A good example is the necessity to warn of the risk of burn when using an item that uses heat.
  • Outline the severity of potential injuries, by making it clear when death is a possibility versus an injury that is not life threatening.

Warning labels are required when the danger is known, or should be known to the manufacturer. Failure to include the proper warning will result in financial liability on the part of the manufacturer. This type of liability is known as strict liability, which has a different legal standard than negligence.

Negligence is more frequently seen in auto accidents, where the party causing the accident failed to take the care necessary to avoid the accident. The difference is that in a strict liability case, the responsible party is unable to defend the action by stating reasonable care to prevent the injury. Establishing causation in a strict liability case, such as in the instance of a defective product requires specialized legal knowledge.

Who to Call for Help with a Defective Product Injury

If you have been injured by a product, call personal injury attorney Joe Horrox. He has the specific legal skill set needed for this unique type of personal injury case. To learn more, contact us online or call us at (386) 258-2121.

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