Many products that people use every day pose a danger to their health. For example, seemingly harmless toys cause choking while a hair dryer is an electrocution hazard. The law demands manufacturers warn users about such dangers on labels and in manuals. If they fail to do so, they can be held liable for damages.

If you were hurt using a product because the manufacturer did not warn you about its dangers, you can file a product liability lawsuit. At Marrone Law Firm, LLC, we have significant experience handling failure to warn in Philadelphia product liability cases. Contact us for a consultation today.

What Is Failure to Warn?

Failure to warn refers to a manufacturer’s legal responsibility to provide adequate warnings about the potential risks associated with the use of their product. If a product could cause harm when used in a foreseeable way, the manufacturer must warn users of the risks. For example:

  • Manufacturers must warn against unsafe ways the product might be commonly misused and the hazards associated with improper use
  • Manufacturers must disclose any known risks, meaning that even if a product functions as designed, it may still pose risks that users should be aware of
  • The manufacturer must provide clear instructions for safe usage and guidelines to help users avoid harm.

If the manufacturer fails to let the user know about possible dangers and the user gets hurt, they can file a product liability claim. To navigate failure to warn in Philadelphia product liability cases, the user can work with an experienced attorney. Since such cases are usually complex, obtaining fair compensation without competent legal counsel is hard.

Causation and Damages in Product Liability Cases

To seek compensation in a failure to warn case, the injured party has to demonstrate that the manufacturer knew about the danger but did not communicate it to the user.

The injured party also has to show that the injuries they sustained are directly tied to the usage of the product. Evidence to prove this can include photos, video footage, and witness testimonies.

Next, the plaintiff has to connect their injuries to damages. For example, if they got electrocuted when using an electrical device, they can present emergency room bills, doctors’ reports, and documents stating that they missed work.

With proper evidence, an attorney can prove that the manufacturer is directly responsible for the damages suffered by the user. This makes the manufacturer liable for covering all present and future injury-related expenses.

Statute of Limitations in Pennsylvania

The statute of limitations in Pennsylvania gives the injured party two years to file a product liability lawsuit. While some exceptions exist, in most cases, failure to file the lawsuit on time leads to case dismissal.

Some victims delay legal action because they want to recover from their injuries first. Such an approach can hurt the case dramatically. With time, evidence becomes harder to collect and witnesses forget the events. The earlier the injured person commences legal action in a Philadelphia failure to warn product liability case, the higher the chances they have to recover fair damages.

Consult an Philadelphia Attorney About Failure to Warn Product Liability Cases

If you sustained injuries because the manufacturer did not warn you about the dangers of their products, you can seek compensation. An experienced attorney can provide valuable advice, collect evidence, and build a strong case.

At Marrone Law Firm, LLC, we know how to help our clients get the money they deserve in failure to warn in Philadelphia product liability cases. To schedule a consultation, please contact us at any time.