A warning defect, or warning label defect, is a particular type of legal theory used in some defective products lawsuit. Basically, a warning label defect may occur if the manufacturer of a product failed to include adequate warnings for the product. A consumer can get seriously injured if a product contains a warning defect. This is especially true for products that are dangerous to use in themselves (such as products that have sharp edges, heated surfaces, or toxic chemicals).
Warning defects are one of three different types of product defects. The other two are design defects (i.e., the product was designed poorly) and manufacturing defects (the product was manufactured improperly).
What Would Qualify as a Warning Defect?
A warning defect can happen in many different ways, for instance if:
- The manufacturer completely failed to include any type of warning label at all
- The instructions on a warning label were unclear or contained mistakes
- The warning label is attached or posted on the product in a way that makes it impractical or impossible to read
- The warning label included is for a different product
Thus, a lawsuit can result if a person is injured on account of the defect. In most cases, the victim must prove that the product and the warning defect were the cause of their injuries, and also that they didn’t contribute to their own injuries due to negligence.
What Are Some Legal Remedies for a Warning Label Defect Claim?
In most cases, warning label defects are associated with physical injury resulting from the defect. As such, a victim who is able to prove their injuries were caused by the warning defect will usually be able to receive a monetary damages award. This may allow the person to recover losses such as medical expenses and others such as lost earning capacity. Another consequence is that the product may be subject to a recall, or the manufacturer may face a fine for the violation.
Do I Need a Lawyer?
Warning label defects can create serious risks to consumers and users of a product. You may wish to hire a qualified lawyer if you need assistance with a warning defect products liability claim. Your attorney will be able to guide you through the legal process to ensure that your rights are being represented. Also, your lawyer can provide you with valuable legal advice throughout the course of the lawsuit.