Product Warning Labels failed to warn of all ingredients included. What can you do?
Sometimes, an allergic reaction or other harm can be caused through the use of a defective product, but what exactly makes a product defective? Essentially, a product is considered defective when it can be shown that the harm might not have been caused, if the manufacturer had provided “reasonable instructions or warnings” as to the nature of the product.
Manufacturers Have a Duty of Care
There are certain responsibilities a manufacturer of a product must fulfill in producing a product for public consumption. The manufacturer is required to supply warnings of hidden dangers that the product represents. This includes supplying a full list of ingredients that the product contains, because some consumers may be allergic to a substance used in the manufacturing of the product.
Additionally, the manufacturer must also provide instructions on the proper use of the product. Failing to supply instructions could cause a consumer to use the product incorrectly, which might lead to injury or other harm. The intent is to ensure that the product is used in a safe manner.
However, not every product is required to carry a warning, even though most manufacturers supply them anyway. As any New Jersey product liability lawyer knows, there are certain stipulations that must be met, before a product warning is required. Primarily, the product must present a danger and the manufacturer must be aware of that danger. The danger must also be present when the product is being used as intended, yet the product must pose the danger in a way that’s not obvious to the average user. Only when all of these conditions have been met can a product liability attorney in NJ make a case against the manufacturer.
Conversely, the consumer also has an obligation in respect to product warnings. If the harm was caused, because the user ignored the warnings that accompanied the product, the manufacturer cannot be held liable.
If you’ve suffered harm through the use of a defective product, or if a loved one’s death was caused through the use of a defective product, consulting a New Jersey product liability lawyer may be in your best interests. By contacting the law offices of G. Martin Meyers, you can speak with an experienced New Jersey product liability lawyer who can assess the merits of your case.
Only a product liability attorney in NJ can properly help you navigate the complexities of personal injury law related to defective products. An initial consultation with the professionals at the law offices of G. Martin Meyers can help you better assess your situation and reveal what your best options may be for collecting damages.