Failure to Warn & Marketing Defects
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Every year, thousands of products enter the marketplace. Some are harmless, but year after year, defective products enter as well. Many people wonder how dangerous products can repeatedly enter the market. The truth is many product manufacturing companies do not adequately warn consumers of the possible risk associated with their product. This may be because they do not want their product to look bad by possessing dangerous warnings. When manufacturers do not properly label and instruct with their products, they are at risk of practicing failure to warn.
The principle of failure to warn is based on the principle of a marketing defect. The physical defect of the product is a separate issue, but they often come in conjunction with each other. Manufacturers are required to test their product according to the Consumer Product Safety Commission standards in order to see the possible risks. Any and all risks associated with their product must be listed on a warning label or in the instructions for use of the product. The company is also obligated to warn of the dangers of misusing the product. While a product does not have to cause injury to warrant failure to warn, marketing defects are typically found after consumers become injured by a product.