Does It Help My Case If The Product That Injured Me Had No Warning Label?

by Friedman & Ranzenhofer, PC on March 29, 2010

in Buffalo Defective Products - Product Liability

In Buffalo, and most other jurisdictions throughout the country, manufacturers are required to include proper warnings on labels on products or product packaging if that product presents a danger that is known to the manufacturer.  As a result, failure to properly label a product may be helpful if you are seeking compensation in a product liability case.

When determining whether a product should have carried a warning or not, courts consider issues such as whether the product is inherently dangerous, whether the manufacturer is aware of that danger, whether the product is dangerous when used for its intended purpose, and whether the danger should have been obvious to the user. 

As an example, objects such as knives generally do not need to bear a warning label because their danger should be obvious to anyone using them.  Medication, however, is required to carry warnings about possible side effects since the potential problems that could arise from use are not obvious to the user.

If you suffer an injury while using a product as directed by the manufacturer, the danger of the product was not obvious, and the manufacturer failed to adequately warn you of the potential danger, you may have the right to file a product liability lawsuit against that manufacturer.  In this situation, you should consult an attorney experienced in product liability law to help you evaluate whether you have a potential claim for damages.

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