Lack Of Warning Labels In Buffalo Dangerous Product Cases.

July 30, 2013

Buffalo personal injury cases arising from dangerous or defective products are generally referred to as product liability cases.  In some product liability cases, whether the manufacturer should have put warning labels on the product or its packaging will be an issue examined by personal injury lawyers.  This issue most frequently arises when the manufacturer is aware of a potential danger when using the product that may not be obvious to the user.  In such cases, a manufacturer’s failure to properly label a product may be helpful when seeking damages in a product liability case.

When deciding if a product should have carried a warning or not, the courts usually examine issues such as whether the product is inherently dangerous, whether the manufacturer knew about the danger, whether the product is dangerous when used as intended, and whether the danger should have been obvious to the user.

As examples, knives do not need a warning label because their danger should be obvious to anyone using them, and the lack of warning is not grounds for pursuing a claim against a knife manufacturer for injury caused by a knife.   Medication, however, needs warnings about possible side effects because the problems that could arise when using it are not obvious to the user.  If the manufacturer was aware of a potential problem with the medication but did not provide any warning, the manufacturer may be sued if someone is injured as a result.

If you have been injured by a dangerous product and have any questions, we would be happy to speak with you.  Call us at 716-400-0000 with any questions.