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Causation
If you find that the product is defective because it failed to provide a warning when one was reasonably required or because the warning was inadequate, then you will go on to consider the element of causation.
Inadequate Warning
Sometimes, a manufacturer doesn’t warn the user of a product’s hazards. Simply putting a warning in a little instruction book or label might not be enough. The warning must adequately inform the user of the hazards.
Manufacturing Defect
When one particular product out of many like products has a flaw that makes it unreasonably dangerous, it is said to have a manufacturing defect.
Express Warranties
Promises stated outright by the manufacturer or seller. They are usually in advertisements or on a product’s packaging.
Asbestos or other asbestos-containing products
Products that have liability lawsuits and Class action lawsuits, asbestos is considered dangerous to your health. This product is heavily regulated for use and removal.
Failure to Warn
not provide adequate warnings or instructions to advise users of the product that they would have to do certain things to avoid being injured by using the product. Failure to provide adequate warnings or instructions, where they are necessary
Inadequate Warning
Manufacturers not only have a duty to warn, but they may also have to recall a defective product that is already on store shelves. Federal law makes it mandatory to recall certain products, like cars and toys.
Assumption of Risk
This means that you knew of the risks in using the product, but you decided to use the product anyway.
Punitive Damages
This term refers to damages awarded to a plaintiff over and above compensatory damages, designed to punish the defendant for particularly outrageous and malicious conduct, and to serve as a deterrent to others.
Unanticipated, Unforeseeable, or Unintended Use
The product was NOT used in the way it was intended to be used. Or, the manufacturer had no way of knowing that a certain person could access the product.
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Did You Know?