Consumer products range from large items such as luxury automobiles, to small electronics, to pharmaceuticals. When a manufacturer produces these items for sale to the public, it has a legal obligation to ensure that the products are safe to use. If all possibility of injury cannot be eliminated before the product is put on the market, the manufacturer must provide adequate warnings stating any potential risks that might arise when the product is used normally or in an expected manner. The warnings must be clear enough that a consumer can understand the potential risks and take steps to avoid injury.

We see warnings on consumer goods every day. Labels on hairdryers warn that the product cannot be used near water, prescription drugs contain lists of side effects, and toys are marked as appropriate for certain age groups. Unfortunately, sometimes the manufacturer fails to warn of a product's potential danger, an owner’s manual is unclear, or recently-discovered side effects are not noted on a prescription drug. When a consumer is injured as a result of a failure to warn, he or she may have legal grounds to file a products liability lawsuit.

Prescription Medication

Frequently, product liability lawsuits arise from inadequate warnings on prescription drugs. Often new dangers are discovered after the product is already on the market, but due to costs or lack of manpower, the manufacturer does not update its warnings. For example, many lawsuits have been filed because the NuvaRing birth control failed to warn that use of the product might cause blood clots.

Children’s Toys

On other occasions, toys that appear safe are found to be dangerous when used by younger children, or predictably used in an unsafe manner. In Missouri, a lawsuit arose when a child was injured by toy juggling discs. The items were sold without any warning that the discs were too rigid to be safely used by beginners or little children.

Selecting an Attorney

If you have been injured as a result of an inadequate warning on a consumer product, it is essential that you retain an attorney who specializes in products liability actions. Your attorney will be able to analyze the facts surrounding the accident to determine whether the manufacturer should have been aware of potential dangers and provide an appropriate warning. If your attorney determines that you have a viable lawsuit, he or she will then prepare and present evidence establishing that your injury would have been avoided if you had been aware of the risks. Each state has its own laws concerning products liability and it is critical that you to select an attorney who understands the applicable law and can obtain the best result.

Recovering Just Compensation

Plaintiffs who prevail in a failure to warn action can recover all damages caused by the injury. Generally, these include economic losses such as repairs to a damaged product, medical bills, and lost wages. Plaintiffs can also recover noneconomic damages such as pain and suffering, or emotional distress. When the manufacturer’s conduct was especially egregious, for instance when it knew the product was dangerous but chose not to affix an appropriate warning, punitive damages may also be awarded. These damages are designed to punish the defendant and may be in the millions of dollars.

There is no stigma associated with suing a manufacturer who failed to warn of a dangerous product. In fact, lawsuits are often the only way to stop a defective product from being sold to the public. A well-publicized legal action warns the public, and ensures that the product is safe to use in the future.