Various Forms of Warning Defects on Consumer Products

Apr 07, 2023

A warning defect is a legal theory that holds the manufacturer of a product liable for the damages the product may cause because the product doesn't have adequate warnings. Here are some of the problems that may mean a product has a warning defect.

The Product Does Not Have Any Warning

A product can end up in the hands of a consumer without a warning in many ways. For example, a glitch in the manufacturing process and the use of paint that rubs off easily can both result in a lack of a warning label.
The law requires dangerous products to have adequate warnings on them. Therefore, a dangerous product without any warning is a defective product, and the manufacturer is liable for the defect. For example, if you develop a dangerous side effect after taking a drug that didn’t have any warnings on the bottle, the manufacturer of the drug is often liable for your damages.

The Warning Is Incomplete

A product may also come with a warning defect if the warning is incomplete. A complete warning should specify the danger that the product presents, as well as the precautions users must take to avoid the danger. A warning is incomplete if consumers can't understand either the danger or the precautions to avoid it.
For example, if a drug is dangerous above a certain dosage, the drug's manufacturer should specify the safe dosage for those taking the drug. A manufacturer that just warns about the drug’s danger when taken above the normal dosage without specifying the normal dosage can be guilty of providing an incomplete warning.

The Instructions Are Inaccurate

A product warning may also be defective if it is inaccurate. An inaccurate warning is one that doesn't clearly convey the intended information to the reader. If the issue of inaccuracy comes up in court, then the main issue will be whether an ordinary person can understand the warning or not. The court will deem the warning as inaccurate if an ordinary person cannot understand it.
An expert witness can help you prove that a waning is inaccurate. The expert witness should be someone who understands the product and its intended audience. Such an expert witness is able to assess whether the intended consumers of the product are able to understand the warning.

The Warning Is Impossible to Locate or Read

A good product warning should be written in an obvious way, in large letters, and in a color that makes it readily visible to the product's consumers. You should not buy a dangerous product and have to wrack your brain and turn the product upside down or inside out to find a warning that you aren't even sure is there.
Generally, a good warning should be on the packaging, on a clear part of the actual product, or on an accompanying user guide. The warning should also be written in a language that the potential consumers of the product understand.

The Warning Is for a Different Product

Lastly, a warning defect may also arise when a product gets labeled with instructions intended for another product. Such confusion is likely to arise in a manufacturing firm that produces multiple products, particularly if two or more of the products are intended for the same purpose.
For example, a drug manufacturer may be guilty of a warning defect if one of its cough syrups instructs users to take two tablets of the drug every day. Such a manufacturer would be guilty of a warning defect because "tablets” is not an accurate unit for the measure of liquid medicine.
At Cartee & Lloyd Attorneys at Law, we understand all the various forms of warning defects that can lead to injuries. Give us a call if a product has caused you injury and you believe you wouldn't have suffered if the product had come with an adequate warning. We will review your case and advise you on the way forward to recover your damages.

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