Can a product’s warnings lead to a products liability claim?

By |2023-07-05T20:43:39+00:00September 25th, 2015|

When people in Orange County buy a product, they probably expect that it is safe for them to use. This is true regardless of whether the purchase occurs at a local store, from a national brick-and-mortar retailer or from an internet-based retailer. However, poor product design can cause a product to be unsafe for users. Furthermore, mistakes sometimes occur during the manufacturing process, which can lead to dangerous product defects that can injure consumers.

When an unsafe product causes injuries or even death, the injured victims or their family members can file legal action against the manufacturer, the distributor or the retailer. But what about products that have no design or manufacturing defects; can a person injured by one of these products still have a basis for a products liability claim?

If a product has insufficient warnings, an injured person may be able to seek compensation even if the product had no design flaws or manufacturing defects. A product must have adequate instructions or warnings to reduce the foreseeable risks of injury to the product’s users. The product’s manufacturer must warn users of any hidden dangers, and it must instruct the consumer on how to use the product safely.

Consumers should abide by all product warnings and instructions, and they should always use products only for their intended purposes. But, as long as they adhere to these responsibilities, consumers should not have to bear the brunt of the damages if they suffer injury from a product.

People in Orange County who are injured by a consumer product can pursue compensation from multiple parties involved in getting that product into the marketplace. When it comes to producing the product, a negligent manufacturer can incur liability through the manufacturing process, but also through its failure to provide sufficient warnings and instructions with the product.

Source: FindLaw, “Defects in Warnings,” Accessed on Sept. 17, 2015


About the Author:

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Doug Easton has practiced law since 1971. After 20 years of practicing with various large litigation firms, he founded the Law Offices of W. Douglas Easton in 1991 as a solo practitioner. In the years that followed, Doug’s sons Brian and Matt joined him in the practice and helped build the firm into a powerful force to help right the wrongs done to their clients. Much of their success over the years has stemmed from the dynamic created by the familial nature of the firm and how harmoniously they all work together, each of their individual strengths complementing and fortifying the group as a whole. Accordingly, the firm changed its name to Easton & Easton, LLP in 2014 to better reflect the true dynamic of the firm and Doug now serves as Managing Partner of Easton & Easton. In 2015, Doug was selected as a Top 100 Litigation Lawyer in California by The American Society of Legal Advocates. In addition, Doug is listed in Strathmore’s Who’s Who, and in 2008 was named its “Professional of the Year” in Medical Malpractice.
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