The Cassidy Law Firm Blog

Tuesday, January 7, 2020

What Do You Need to Prove in an Inadequate Warning Product Liability Claim?

Manufacturers, distributors, and sellers of products have a duty to make and sell products that are safe for their intended and reasonably foreseeable uses. When these parties fail to do so, it may come in the form of a dangerous product defect such as a manufacturing defect, design defect or marketing defect. A marketing defect, otherwise known as a failure to warn or an inadequate warning occurs when a liable party fails to provide either adequate warnings or instructions on how to safely use a product and a person is injured as a result.

Unsuspecting consumers can suffer devastating injuries because of inadequate warnings on products. Fortunately, the law allows for the injured party to bring a product liability claim seeking compensation for the harm they have suffered due to the defective product.

Proving an Inadequate Warning Product Liability Claim

New Jersey law requires a product manufacturer or seller to provide adequate instructions on how to safely use a product and warnings as to possible dangers presented by the product. A perfectly designed and manufactured product may pose certain risks to those that use it. The warnings and instructions may include information such as:

  • Under what circumstances a product should not be used;
  • The proper way to safely use the product for its intended use or reasonably foreseeable use; and
  • Care should be exercised when using the product.

The warnings may be written out or be represented by familiar symbols or intelligible pictures. An adequate warning effectively communicates the necessary information regarding the potential dangers of the product.

Warnings and instructions for a product are adequate if they address concerns that a reasonably prudent product manufacturer or seller would provide to the product consumer. In order to successfully bring an inadequate warning product liability claim in New Jersey, the plaintiff must prove that the product failed to provide an adequate warning or instructions.

The plaintiff must also prove that the inadequate warning existed prior to the product leaving the control of the manufacturer or seller. Additionally, the plaintiff must prove that the product was being properly used when it caused an injury. In the event that a product was misused or was substantially changed in an unforeseeable way, the claim will likely fail.

One of the most common defenses to an inadequate warning claim is that the warnings or instructions provided were, in fact, adequate, but the particular danger that caused the injury was not known by the product manufacturer or seller. New Jersey law, however, is clear that a product manufacturer or seller is not only under a duty to provide adequate warnings about known dangers, but also about dangers that they should have known about.

Product Liability Attorneys

If you have been injured by a dangerously defective product, the dedicated product liability attorneys at The Cassidy Law Firm will fight for your legal right to full and fair recovery for the harm you have suffered. Product manufacturers, distributors, and sellers owe a duty to provide people with a safe product. When this duty is not upheld, people suffer great injury as a result. Contact us today and we will begin fighting to enforce your legal rights to compensation.


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