There are several reasons why you may be able to file a product liability lawsuit after being injured by a defective product. One is for “failure to warn.” Manufacturers are required to warn individuals about the dangers associated with using their products. When they fail to provide these warnings, the negligent manufacturer may be held liable for any injuries you suffer from the use of their product.
Product liability cases are highly complex, especially when they involve a failure to warn. It’s important to work with an experienced attorney who can help demonstrate the manufacturer’s warnings weren’t adequate to prevent your injury. The attorneys at the Jensen Phelan Law Firm understand the product liability laws that apply to these cases in Arizona, and we can fight aggressively to protect your rights every step of the way.
Manufacturers must provide warnings on how to safely use their products as intended. This may include information about:
For example, if a children’s toy is a choking hazard, the manufacturer should clearly warn of this issue and provide an age restriction to avoid an injury to children who are too young to reasonably be expected to use the toy safely. If this information isn’t provided on a warning label and your child suffers a choking injury, you may have a valid “failure to warn” product liability claim.
These warnings must be provided on all types of products, including medications. If an over-the-counter medication doesn’t include a warning of potential side effects that may occur when the product is used in combination with other regularly consumed drugs, you may be able to file a product liability case if you are injured from an unsafe combination of medications.
In order to achieve a successful outcome in a “failure to warn” product liability claim, you must prove:
This third criteria may be proven in one of the following ways:
In order for a product’s warnings to be considered adequate, they must meet the following requirements:
If a particular danger is deemed to be very obvious, the manufacturer doesn’t need to provide a warning. For example, a knife manufacturer doesn’t need to provide a warning on the dangers that may occur if you don’t hold the knife by the handle since it should be obvious that you may suffer a serious cut or laceration when grasping it by the sharp edge.
In addition, manufacturers must provide warnings about any potential dangers associated with a foreseeable misuse of a product. For example, it’s reasonable to expect that an individual may stand on a chair to reach a high shelf. If you cannot safely stand on a particular folding chair if you’re over a certain weight, this warning must be provided to prevent injury from the chair collapsing underneath this unsafe weight.
If you’ve been injured by a product that failed to properly warn you of potential dangers associated with its use, you may have a valid defective product claim. Our attorneys will discuss your case with you free of charge and advise you of your legal rights and options.
Please contact the Jensen Phelan Law Firm using the form on this page or call 928-778-2660 today to schedule a complimentary consultation. We serve clients in Prescott, Cottonwood and the surrounding areas of Northern Arizona.