How failure to warn puts consumers in danger
We have all seen warning labels on the packaging of things that we buy. Depending on the product, the warnings can be brief, or they can be extensive, such as those for over-the-counter medicine. Those labels are there for a reason. For many products, not every potential hazard is obvious. For instance, foods may not contain peanuts as an ingredient, but if they were made or packaged in a facility which also handles peanuts, highly allergic people could get seriously ill by consuming that food.
If the company that packaged that food does not warn the public about the possibility of peanut contamination, there is no reasonable way for those with a deadly peanut allergy to know.
To avoid legal liability for “failure to warn,” manufacturers have two duties to warn consumers:
1. They must warn of hidden dangers that may be present in the product (like in our peanut example above);
2. They must also instruct consumers how to use the product in a way that reasonably minimizes dangers.
These warnings must be clear, specific, comprehensible and conspicuously placed.
Under product liability law, you may be entitled to compensation if a product hurt you because of a hazard the manufacturer failed to alert you to. Please contact a personal injury attorney for more information.