Does a Disclaimer Mean You Cannot File a Product Liability Lawsuit?
When a product is defective and causes injury, you may have a case for product liability. There are strict rules that manufacturers, distributors, and even wholesalers must remain compliant – and the most important of them all is safety. They are required to make sure that every product they release to consumers is safe for use or consumption.
What is a Product Disclaimer?
Manufacturers often have disclaimers on their products. This can be a warning label or instruction in the manual, etc. But, these disclaimers are often not enough to protect the manufacturer from a product liability claim.
It is required by law that a manufacturer provide at least basic instructions on how to use their product the right way and they must also include any consumer warnings – so people are aware of the risks of using that product before they buy it. Any hazards the manufacturer is aware of must be listed on these warnings.
For example, hair dryers often have warnings regarding use in the bathtub, hair tangling, and burns. Because, manufacturers know their products are a safety hazard if used incorrectly.
I Didn’t Listen to the Warnings and I’m Injured, Now What?
If you don’t obey the clearly written warnings on a product and you are then injured because of that, it could severely hurt your personal injury case. Because the manufacturer could argue that your own negligence is what led to the injury, not their product.
But, just because a manufacturer places instructions or warning labels on their products does not mean that they are absolved of any responsibility. The manufacturer can only release a product that is safe and if they know that the majority of people using their product will use it incorrectly and become injured, they should not release that product anyway.
Also, if the manufacturer only releases a blanket statement warning, without providing specifics, then they could still be held liable for product liability. For example, a manufacturer releases a new medication and states it may cause side effects. But they do not list why or what the side effects may be; therefore, if anyone is injured for taking that drug, then the manufacturer could still be liable because they didn’t specify the warnings clearly or even specify how those side effects may come about.
Injured by a Product? Contact a West Palm Beach Product Liability Attorney
Dealing with product liability cases is very complex and requires the assistance of a skilled attorney. The Law Offices of Robert W. Elton can help you with your case. Contact us now for a free consultation.
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