The question of whether a product is dangerously defective often has a straightforward answer. When there is an obvious flaw in a product’s core design or a clear error was made during the manufacturing process, the manufacturer likely holds strict liability for injuries caused by the defect, even if they did nothing specifically irresponsible to cause that defect.
However, liability is more complicated and subjective when attempting to file a lawsuit over a marketing error—also referred to as a failure to warn. This brief overview highlights the proof you need to successfully sue for failure to warn in Galveston product liability cases, and how a product liability attorney could help you construct the strongest possible claim.
What Hazards Must Manufacturers Warn Consumers About?
Under product liability law, product manufacturers are expected to ensure that their products are safely designed and manufactured to the fullest extent reasonably possible. However, they must also provide instructions on their product’s packaging about how to use the product safely for its intended purpose(s). These instructions should include warnings about known hazards associated with regular product use, which the manufacturer should be aware of based on research and testing.
Based on these manufacturer expectations, a failure to warn that is serious enough to justify a product liability lawsuit in Galveston could vary depending on the nature of the product itself. For example, when dealing with children’s toys, a simple warning about the choking hazards posed by small components of the toys and/or the toy itself could serve as a sufficient warning of a risk.
Conversely, a marketing defect for a pharmaceutical company could entail failing to disclose specific side effects or contraindications with other medical products. This is either because the manufacturer failed to conduct sufficient research to identify those hazards or because they knowingly tried to hide them.
Additional Requirements for Suing Over Marketing Defects
The fact that a manufacturer was not directly aware of a particular hazard does not necessarily absolve them of liability for failing to warn consumers about that hazard. However, to successfully sue on these grounds, you likely need to establish that a reasonable amount of research and testing should have revealed that hazard to the manufacturer and that the manufacturer failed to conduct that research.
Establishing this failure may require testimony from expert witnesses with experience in designing, manufacturing, and/or selling that type of product, such as pharmaceutical researchers who are familiar with the side effects of certain classes of drugs. Support from seasoned legal counsel could be crucial to finding, retaining, and soliciting useful information from expert witnesses in support of a failure-to-warn product liability claim in Galveston.
Contact a Galveston Attorney Today About Failure To Warn Product Liability Cases
With motorcycles, lawnmowers, and similar products, there is an inherent assumption that any reasonable person would know that the product could be dangerous if misused. With other types of goods, the reasonable expectation is that manufacturers should warn consumers about hazards associated with the regular use of their product.
If you were hurt because a manufacturer failed to meet this expectation, you should consider reaching out to one of our team members to discuss a potential personal injury claim. Call Schechter, Shaffer & Harris today to learn more about failure to warn in Galveston product liability cases.
