Our product liability attorneys in New York City represent victims who have been harmed due to defective products. A manufacturer has a duty to warn against latent, non-obvious dangers resulting from foreseeable uses of its product of which it knew or should have known. A manufacturer also has a duty to warn of latent dangers from unintended uses of a product, provided these uses are reasonably foreseeable. A warning serves not only to inform the product user of a particular danger associated with the product, but also to alert the user of alternatives that can be followed in order to avoid the danger.
When a manufacturer fails to provide an adequate warning for a product, this can result in harm to the product user (known as a failure to warn or a marketing defect). The failure to properly warn consumers can lead to serious injuries and even death. In cases of failure to warn, the product’s manufacturer can be held responsible for any harm caused by the product. Our product liability attorneys can help you secure fair compensation if you or a loved one has been injured due to a marketing defect.
How Is A Failure To Warn Different From Other Product Liability Cases?
Cases that involve product design defects or manufacturing defects focus on what went wrong with the product itself while it was being created. For example, did the product have defective parts? Were the parts assembled incorrectly?
In the case of a failure to warn, there is nothing defective about the product itself. However, the product may still pose a danger to the consumer if it is used in certain ways. As a result, the manufacturer must take the necessary steps to warn consumers of the possible risks associated with using the product.
What Are Some Examples Of Marketing Defects?
Consider the marketing of pharmaceutical drugs. If the drug company or healthcare provider fails to list the potential side effects of taking the drug, and this results in harm to the consumer, then the consumer may have legal grounds for a claim.
Likewise, if a power tool is purchased by a consumer, but the product is lacking the proper instructions on how to use the power tool, then this may result in the consumer using the product improperly and getting injured. In this case, the consumer may have legal grounds for a claim and should contact an experienced product liability attorney.
Who May Be Liable In A Failure To Warn Claim?
The product manufacturer may be liable for injuries caused by the product if it is determined that the manufacturer was aware of the possible dangers of the product and failed to provide the consumer with an adequate warning (consistent with industry and federal guidelines). A manufacturer will not be liable for a failure to warn if the user was already aware of the product’s patently obvious risk or danger that caused the injury. If the product user is clearly aware of the product’s warning and chooses not to abide by that warning, then the manufacturer will not be liable for any injury that occurs as a result of using the product.
Who Can File A Failure To Warn Claim?
A product user who has been injured as a result of using the product may be able to file a product liability claim against the product manufacturer. In order to have grounds for the case, it must be determined that the manufacturer failed to warn the user of the dangers of the product. If you have been injured by a defective product due to a failure to warn, contact one of our product liability attorneys for a free consultation regarding your rights to fair compensation.
How Do I Schedule A Consultation With Your Product Liability Attorneys In New York City?
If you or someone you love has suffered an injury due to a failure to warn or marketing defect, you may be entitled to compensation. For a free consultation with our product liability attorneys in New York City, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, French and Chinese.