Product liability cases arise when an item is not safe to use. The danger may be inherent due to a faulty design, or the product could be dangerous because of a manufacturing issue.
Some items are risky but still functional, and people may choose to use them. However, if the manufacturer or seller does not provide information about potential dangers, it is considered a failure to warn.
If you were injured because of an unknown risk associated with a consumer good, a Portland failure to warn a lawyer may be able to help. Call Gideon Asen, LLC, today to schedule a meeting with an experienced product liability attorney.
What is an Inherently Dangerous Product?
Many failure to warn cases involve inherently dangerous products. Cigarettes are the most common example. There is no safe way to use the product. Smoking causes health problems.
The tobacco industry knew that cigarettes were harmful to people for decades but withheld that information from consumers. They even influenced the medical community so that information about these adverse health effects was suppressed.
Cigarettes are a prime example of failure to warn. The manufacturer knew of the risk associated with their products but withheld that information from consumers. They went further than that—engaging in deceptive advertising that suggested that there were health benefits linked to smoking. A Portland lawyer can provide further examples of failure to warn and whether a client’s case qualifies.
When Products Pose a Potential Danger
Not all products that require warnings are inherently dangerous. Sometimes, they are hazardous when used in a particular manner. The most common example is a hair blow dryer. Blow dryers are safe when used as intended and are unlikely to cause burns.
However, if someone uses a blow dryer in a bathtub or shower, they run the risk of electrocution. The risk may seem self-evident since many people know that electricity and water do not mix. However, enough people did not know this to warrant all hair dryers having a warning label about not using them in the bathtub.
Part of determining whether there is a valid failure to warn case depends on whether the average person might be vulnerable to using a product in a certain way.
In contrast, an electric drill would be damaging if someone tried to use it at home for DIY body piercings. That would cause severe damage to the person who chose to do so. However, it is not a foreseeable or rational use of the item. Manufacturers are not obligated to warn people of any potential harm from any potential use, just the harm from foreseeable uses.
For more questions concerning failure to warn cases, get in touch with a knowledgeable Portland lawyer today.
Reach out to a Failure to Warn Attorney in Portland Today
Failure to warn suits are a subset of marketing defect product liability cases. Manufacturers should warn customers about the potential risks related to using the product. If the failure to provide a warning directly led to the harm, the manufacturer or seller should be liable for damages.
To explore whether you have a potential claim, schedule a consultation with a Portland failure to warn lawyer today. The compassionate personal injury attorneys with Gideon Asen, LLC can review your case and provide insight into pursuing compensation.
