Firm Update: Frischhertz & Impastato is open as we know your needs cannot be placed on hold!  To protect you during the coronavirus (COVID-19) crisis, we are offering video conferencing as well as telephone conferences.  Please contact our office today to discuss your options.

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Firm Update: Frischhertz & Impastato is open as we know your needs cannot be placed on hold!  To protect you during the coronavirus (COVID-19) crisis, we are offering video conferencing as well as telephone conferences.  Please contact our office today to discuss your options.

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Toll Free: 866-920-5611

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The role of warnings in a products liability case

On Behalf of | Jun 7, 2017 | Products Liability |

Many of the products that Louisiana residents purchase may clearly display the dangers they pose to the consumers who plan to use them. For example, a power saw may display its sharp blade as a cutting danger to those who may encounter it. Potentially dangerous products, like power saws, generally must contain consumer safety warnings. And, this post will discuss some of the ways that deficient warnings on products may result in injuries and potential products liability litigation.

When a manufacturer decides to put a new product into the market, they must first assess if the product requires a warning label. If a product poses a danger to consumers and if the manufacturer is aware of that danger, then the manufacturer must consider whether the consumers will be able to discover the danger without a warning, if the consumers use the product as it was intended.

Under this analysis, an apparently dangerous product, like a power saw, may not require a warning about the sharpness of its visible blade, but may require a warning about a hidden danger that a reasonable consumer would not discover before it caused them injury. Products liability claims can arise from improperly labeled warnings on products, even if those products were designed and manufactured without any flaws.

When a victim is injured by a poorly or improperly labeled product, then they may have rights to compensation. Although not all injuries from consumer products may form the bases of products liability cases, some warnings, through their deficiencies or nonexistence, may fail to provide consumers with the information they need to safely use the products in their possession.

As with prior posts included on this Louisiana personal injury blog, readers are asked to refer to personal injury attorneys with questions about their legal cases. This post and its discussion on products liability is offered as an informational review of a detailed legal topic and not advice.