A consumer product can be designed and manufactured properly – and safely – and yet still be ruled defective because it failed to include appropriate instructions and/or warnings. This product liability flaw, also known as a marketing defect, can hold either the manufacturer, distributor, or the retailer liable. If a defective product has seriously injured you or a loved one, speak with a product liability lawyer as soon as possible.
Not every product needs to come with a warning. But if a product could pose a safety hazard in a non-obvious way, the manufacturer has a duty to warn if:
- The product is dangerous
- The manufacturer is aware of – or should be aware of – that danger
- The danger exists when the product is used normally
- The danger is not readily apparent to the consumer
Burg Simpson Arizona is a product liability law firm that has successfully litigated hundreds of cases for more than four decades. If a defective consumer product has left you or a family member seriously injured, speak with a Burg Simpson product liability lawyer at 602-777-7000 or fill out our Free Case Evaluation form now.
Most states accept that “failure to warn” can occur:
Before the sale: This is the most common form of failure to warn. The manufacturer is obligated to include instructions and/or warnings regarding inherent dangers before, or at the time of the sale, of the product. Obviously, a knife maker does not have to include a warning with their new chef’s knife that it can cut the consumer. But a car seat manufacturer should include instructions on proper installation, as well any appropriate restrictions, such as a weight limit, for example.
After the sale: This also can be referred to as a “continuing” duty to the consumer and is typically limited to a few situations, such as:
- A seller is obligated to warn consumers of a defective and unreasonably dangerous condition associated with a product that was not discovered until after the initial sale. This is the most commonly accepted form of “after the sale” failure to warn.
- A seller also can be held liable if it can be shown the manufacturer and/or seller should have known about a defect that was not communicated.
If you have been seriously injured by a defective product that lacked proper warnings or instructions, get in touch with Burg Simpson to talk to a Phoenix product liability attorney right now by calling 602-777-7000.
A Burg Simpson Defective Product Lawyer Can Help
Burg Simpson Arizona has handled thousands of product liability cases over the years, and our experienced team is ready to evaluate your individual case. If you or a loved one has been hurt by a dangerous or defective product, call us today. We are happy to offer a free initial case review and go over the next steps with you. Call our Arizona at 602-777-7000 or fill out our Free Case Evaluation Form if a consumer product has left you or a loved one seriously injured.