Negligent Failure To Warn

Some products, such as hair dryers, pressurized commercial cleaners, and propane grills, are naturally dangerous if used incorrectly. No matter how such products are designed, they remain dangerous to the user. When these products are brought to market, it is the legal duty of the manufacturer to warn users of the product of these hazards.

The scope of this duty is not unlimited. The "reasonable" duty is defined by legislation and the judgement of the manufacturer. However, some issues apply in a majority of warning cases. These include:

• Whether the duty to warn requires a legal answer from a judge or trial.
• The standard of care requires correct, and accurate, information communicated effectively to the user of the product.
• The duty extends to the foreseeable misuse of the product.
• No duty exists insofar as warning of unforeseeable misuses.
• The duty arises from the manufacturer prepossessing knowledge of possible injury or risk.

If you or a loved one has suffered an injury, illness or death, that seems to have been someone else's fault, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.