Product Liability Claims Based on Inadequate Warnings


December 09, 2014

Many people might be aware that a company can be liable for a defectively designed or manufactured product that causes injury.  Fewer people know that a manufacturer can be financially liable for failing to properly label a product that otherwise is designed and manufactured properly.  Generally, companies can be subject to a product liability claim or lawsuit when a product fails to come with adequate warnings regarding foreseeable dangers posed by the product.  Our Atlanta personal injury lawyers at Montlick and Associates represent clients in product liability lawsuits, including those involving inadequate warnings.

While companies are not required to provide warnings for all products, they may have a legal duty to provide warnings about products that can cause injury when used as intended or a reasonably foreseeable unintended use.  While the specific circumstances that require a warning will depend on the specific law of the jurisdiction, a manufacturer generally might have a duty to provide a warning under the following circumstances:

  • A product is unsafe;
  • The company that manufacturers the project is aware of the potential risk;
  • The hazard would not be apparent to a reasonable user, or the hazard is present when the product is used in the manner reasonably intended.

When products are marketed to consumers, manufacturers must provide instructions for the safe use of their product.  If a product manufacturer fails to provide adequate instructions for how to use the product safely, the manufacturer may be liable when a consumer is injured because the product is used in a reasonably foreseeable but unsafe manner.  An example might include failing to provide a warning that an ATV should only be used on off-road terrain or that the vehicle should not be operated with multiple passengers.

All types of goods can be the subject of a product liability lawsuit, which have a history of causing serious injuries, such as:

  • Medical devices
  • Pharmaceuticals
  • Laptop batteries
  • Portable heaters
  • Propane canisters
  • Children’s products (toys, cribs, child safety restraints, playground equipment, etc.)
  • Personal water crafts (PWC)
  • Power tools

On average, the CPSC requires the recall of approximately 400 products from the American marketplace every year.

Put Our Law Firm's Over 30 Years of Experience to Work For Your Claim

If you or a loved one is injured by an unsafe product, you might have a right to financial compensation for your injuries.  Our attorneys at Montlick and Associates have been representing those who suffer serious injuries throughout all of Georgia and the Southeast for over thirty years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.  No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333).  You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.  

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.