PRODUCT LIABILITY LAWYER I PERSONAL INJURY I PRODUCT LIABILITY: California Product Liability Law: Inadequate Warning versus Failure to Warn
February 05, 2021
Consumers injured by a manufacturing defect, design defect and/or a failure to warn have a personal injury claim. More specifically consumers injured by a product may have a viable product liability lawsuit if there were inadequate product warnings. California product liability law recognizes that even a ﬂawlessly designed and produced product may nevertheless possess such risks to the user when the warning is either inadequate or absent. Even a flawless product without a suitable warning becomes “defective” simply by the absence of a warning. Thus, manufacturers have a duty to adequately warn consumers about the hazards inherent in their products.
Two types of warnings may be given. (1) If the product’s dangers may be avoided or mitigated by proper use of the product, the manufacturer may be required adequately to instruct the consumer as to how the product should be used. (2) If the risks involved in the use of the product are unavoidable, the manufacturer must give an adequate warning to enable the potential user to make an informed choice whether to use the product or abstain.” (Buckner v. Milwaukee Electric Tool Corp. (2013) 222 Cal.App.4th 522)
A manufacturer is strictly liable for a failure to adequately warn a consumer of the potential risks of using a product.
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Product liability lawyers can help filter through your case and find various causes of action in a product liability dispute including liability for failure to warn. If you or someone you know has been injured by a defective product or sustained an injury while using a product, call us today at 619-432-5145 for a free consultation with one of our experienced product liability attorneys and California personal injury lawyers.