PERSONAL INJURY I PRODUCT LIABILITY: California Product Liability Law: Inadequate Warning versus Failure to Warn

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.

Product Liability Resulting from Failure to Warn

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.

For more articles discussing product liability please see the links below:

• PERSONAL INJURY I PRODUCT LIABILITY: California Product Liability Law: Oil Lamp From Target Came With Wrong Instructions – Products Liability – Failure To Warn – Negligence – VERDICT: $195,628.00
• PERSONAL INJURY I PRODUCT LIABILITY I CASE STUDY: AMAZON LIABILITY FOR DEFECTIVE PRODUCTS – PRECEDENT RULINGS HOLDS AMAZON LIABLE FOR PRODUCT LIABILITY CLAIMS JUST LIKE ANY OTHER DISTRIBUTORS AND SELLERS
• PRODUCT LIABILITY: TAKATA AIRBAG RECALL
• PRODUCT LIABILITY: DEFECTIVE CO2 WINE OPENERS
• PERSONAL INJURY I PRODUCT LIABILITY I BURN CASES I CASE STUDY: DEFECTIVE HAIR COLORING PRODUCT FROM WALMART STORES RESULTING IN HAIR LOSS, CHEMICAL BURNS AND IRRITATION TO THE SCALP

There are two types of product liability claims.  The distinction between strict product liability claims versus negligent product liability claims are discussed in the articles linked below:

• PERSONAL INJURY I PRODUCT LIABILITY: PRODUCT LIABILITY – STRICT LIABILITY (MANUFACTURING DEFECT, DESIGN DEFECT, FAILURE TO WARN) AND NEGLIGENCE  

Additional articles discussing compensatory damages in personal injury actions, including negligence, premises liability and product liability cases are linked below:

• PERSONAL INJURY / DAMAGES – Compensatory Damages For Personal Injuries
• PERSONAL INJURY – Personal Injury Damages – Compensatory Damages

To better understand what types of damages are recoverable in product liability cases and other personal injury cases, links are included below:

• What are Compensatory Damages?

• Compensatory Damages in a Personal Injury Action
• A discussion on the differences between punitive damages and compensatory damages

Other articles discussing chemical burn cases as it relates to hair coloring products and professional hair coloring services are linked below:

• EXCLUSIVE: WOMAN SUES GARDEN GROVE SALON FOR ALLEGEDLY CAUSING HER HAIR TO FALL OUT:  chemical burns from hair bleach, hair salon chemical burn

Product Liability Lawyer

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.