Can I Seek Damages When a Product Doesn’t Have Proper Warnings or Instructions?
If you have been injured because of a product you used, you may be entitled to compensation. There are three categories that claims fall into where compensation may be available to the victim of the product: defectively manufactured, defectively designed, and failure to warn about proper use or the potential for harm.
Even products that have been created well and have no flaws in their design can cause harm when the consumer is not properly informed.
Duty of Care
When this happens, you may be entitled to compensation. Companies have a duty of care to let consumers know how to properly use their products and must warn how misuse can lead to injury. For instance, if a hair remover may cause burns if left on too long, the consumer must be properly warned about the risk. Failing to do so can put the company on the hook for damages that result from leaving the product on.
In these cases, the danger must be overt. In the case of the hair remover, a consumer may assume the product is safe since it is being used on the skin. If the company knows risks increase the longer a product stays on the body, they are required to give instructions on how to avoid the burns, along with information on how to handle a situation where the product begins to burn the skin.
Misuse of Product
While you may seek damages when the product does not have proper warnings, your case may be dismissed if you misused the product. In these cases, a product was used for something other than its intended use and the instructions were clear. For instance, a manufacturer is not liable if a consumer uses an outdoor grill indoors when it is marketed clearly for outdoor use.
Manufacturers should be able to warn against foreseeable misuse, but when there is adequate warning of misuse, they cannot be held liable. They also cannot be held accountable for not warning of unforeseeable uses. For instance, it is not reasonable for a microwave company to be expected to warn consumers not to microwave a laptop, but they should be able to foresee warning them against microwaving a plastic bowl.
If you feel your injury is due to the negligence of a manufacturer, contact our Connecticut defect product lawyer at Jonathan Perkins Injury Lawyers today for a free consultation.