When a person injured by a dangerous product wants to pursue compensation, one issue most New Orleans personal injury attorneys will examine is any warnings the manufacturer provided regarding the product’s use. If a manufacturer has not provided adequate warning of the potential danger of a product, the product may be found unreasonably dangerous based on this lack of warning.
Whether a manufacturer is required to provide a warning depends on the nature of the product. When a manufacturer learns – or with reasonable diligence should have learned – that the product has a dangerous characteristic, there is a general duty to provide a warning of that danger to anyone who uses or handles the product. However, there are exceptions to this rule.
No warning is necessary when the user knew – or reasonably could be expected to know –about the product’s dangerous characteristic. A warning also is not required when the extent of the product’s danger would be obvious to ordinary, reasonable people using the product. For example, knives generally do not need warning labels because their danger should be obvious to the user.
Of course, the absence of warnings may not be a factor in a personal injury lawsuit if the product was used in violation of the manufacturer’s provided directions, or for a purpose outside of its intended use.
If you suffered an injury while using a product as directed by the manufacturer, and you believe the manufacturer failed to provide adequate warning, you may have the right to file a product liability lawsuit against that manufacturer. We are experienced product liability lawyers and would be glad to evaluate your potential claim for damages. Call us at 504-581-6411 or 855-GERTLER.