What are Post Sale Warnings and Recalls?
Post sale warnings are issued by manufacturers of products and are meant to warn consumers of any manufacturing or design defects regarding their products. The purpose of this doctrine is to ensure adequate safety measures are taken to protect the public from potential injuries that might occur without further warning.
When Should a Manufacturer Issue a Warning?
Generally, a manufacturer should issue a warning when several characteristics are apparent. These inherent characteristics include:- Does the seller know the product has a design defect? If the manufacturer knows or has reason to know of any defects they are responsible for providing adequate post sale warnings.
- Does the risk outweigh issuing a warning? If the inherent risk of a product substantially outweighs the issuance of a warning the manufacturer has a duty to provide adequate warnings.
- Can the warning be adequately and effectively communicated? If the warning can be issued adequately and without substantial burden the manufacturer has a duty to issue a warning.
What if a Manufacturer Isn¿t Aware of a Defect?
A manufacturer that isn¿t aware of any design or product defect is generally not liable for any damages that occur. However, an exception to the rule is that if a manufacturer should have reasonably known of any defect then they will be held responsible.
What is a Recall?
A recall is different from a post sale warning in that manufacturers will require consumers to return their product because they are defective. Therefore, manufacturers will usually fix or replace the product that was bought by the consumer.
Should I Hire an Attorney?
An experienced attorney will be able to help you determine your legal rights regarding post sale warnings or recalls. In addition, experienced attorneys can help manufacturers protect themselves against product liability suits from consumers. |
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