Post sale warnings are issued by manufacturers of products and are used to warn consumers of any design or manufacturing defect that affects a manufacturer’s product. The purpose of a post sale warning or a recall is to ensure that adequate safety measures are taken to protect the public from potential injuries that might occur due to a dangerous or defective product, such as automobile parts or strollers, if they are not properly warned.
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 burden of issuing 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 to the manufacturer, 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 might occur. However, an exception to that rule is if a manufacturer should have reasonably known of any defect, then the manufacturer will be held responsible for any injuries that might occur.
What Is a Recall?
A recall is different from a post sale warning in that manufacturers will require consumers to return the products they bought because those products are defective. If there is a recall, manufacturers will usually fix or replace the product that the consumer bought.
Do I Need an Attorney?
An experienced products and services attorney will be able to help you make a decision as to whether or not you have a case regarding post sale warnings or recalls. On the other side, if you are a manufacturer or business owner, experienced attorneys can you help you protect yourself from product liability lawsuits.