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Anyone who makes or sells products has the responsibility of ensuring the consumer is safe from any harm. This is because a manufacturer or a distributor can foresee the danger in a product and hence issue adequate warning to the public. Among the three types of product liability claim is a failure to warn. This involves a product that has some defects where the user is required to be warned so as to have some knowledge to exercise special precautions when using the product. Failure to warn renders the product unreasonable safe. If you purchased a product that caused you harm because the manufacturer never issues an adequate warning, you might have a personal injury claim.
Failure To Provide Adequate Warning
Whether it’s a manufacturer, retailer, or distributor, one should ensure that a product is safe before it reaches the consumer. In most states and Alaska is not an exception; the rule of strict liability is put in effect for legal claims. This means that the above parties may be held liable for injuries suffered from a lack of adequate warning on a defective product. To find fault under this rule, the defendant’s conduct is not considered. This is unlike in a negligence-based action where the defendant’s conduct is connected with the underlying incident. Meaning, whether the defendant acts fall or meet the required standard is not considered. To have an understanding of strict product liability rule, one would need to consult Anchorage law firms.
A manufacturer may be caught up in legal liability if:
- The warning given is not conspicuous: Having provided an important warning of a defective product is not enough. The warning should be in a highly visible place on the package or the product itself such that the average user should see it. Besides, the warning given must be understandable.
- The defendant is aware of the risk but takes no action: A defendant cannot escape liability by stating that he/she wasn’t aware of the risk in the defective product. It’s at the capacity of the manufacturer to know about a defective product either when researching or testing the product. For example, an individual may be given a testosterone booster supplement without adequate warning on the side effects. If he/she is suffering from high blood pressure, the supplements may react and cause nasty side effects. Such an individual can sue if he/she suffers injuries as a result of failure to instruct properly or failure to warn.
- The defendant has the capacity to discover new risks but takes no action: In some cases, some new information may be invented for a particular product. Therefore, it becomes the defendant’s duty to remain updated or knowledgeable about any upcoming product risks.
It worth noting that if you use a product in a way that the defendant may not know it can be misused; the defendant may not be held liable for any injuries you may suffer. Conversely, if the defendant predicts that the consumer may use the product in a certain way and fail to give adequate warning, he/she may be held liable. It’s also worth noting that strict liability rule doesn’t apply to pure economic loss.
What You Need To Prove
When it comes to proving a defective product under the strict liability rule, the work of proving how the manufacturer could be at fault is nearly impossible. This makes it possible for anyone who believes to have been harmed by a defective product due to failure to warn file a claim. However, as the plaintiff, you must prove that the product was defective and that you sustained an injury as a result. Such cases are complex, and one can only make it through with the help of someone who understands such processes’ ins and outs. To bring an action against the defendant, you must act within two years from the time you suffered the injury or when you discovered it, whichever comes earlier.
Pursuing A Failure To Warn Lawsuit
In almost all cases, it’s the duty of the manufacturer, the retailer, or the distributor to give adequate product warnings. If a consumer suffers injuries as a result of a defective product, he/she have the right to file a claim. Failure to act in a manner such as to reduce or avoid harm to the plaintiff amounts to legal liability. A product might be dangerous even if it was manufactured according to the right standards. It doesn’t matter whether the necessary precautions were followed for safety requirements; these parties may still be held liable for the consumers’ harm. If a defective product has injured you due to failure to warn, you may be entitled to pursue compensation. To get justice, ensure to have a knowledgeable personal injury lawyer who has dealt with such cases before.
