Saturday 31 March 2012

Defective Product Claims - Inadequate Product Warning

Article by
Kevin Timms
Many allegations in defective product compensation claims arise where a manufacturer has failed to give an adequate warning of dangers associated with a product and any necessary instructions or directions for use. It may also be alleged that a manufacturer has made a declaration as to the safety of a product (whether this be express or implied). In this respect such a declaration may come in the form of personal assurances, advertising or in the general presentation or labeling of the product.

Where a product is marketed there is a general duty on the manufacturer to exercise reasonable care in warning that a product may have dangerous elements. However, liability does not depend on actual knowledge of the danger and the manufacturer may be liable in negligence where it should have discovered the existence of such a danger and should have issued an appropriate warning. A lack of warning or instruction for use may also render a satisfactory product defective.

The need for and adequacy of a warning will vary depending on the product. The greater the likelihood of damage or serious damage occurring, and the more measures required to safeguard damage occurring, the more detailed the warning should be. There are a number of relevant factors when considering warnings:

·          -The distinction between warnings and directions or instructions for use.
·          -The obviousness of the danger.
·          -The wording, intensity and location of the warning.
·          -Representations of safety and promotional literature.
·          -The sufficiency of warnings to intermediaries.

In many circumstances a failure to provide a sufficient warning can result in individuals sustaining personal injuries. If you have received a personal injury as a result of a product with an inadequate warning you may be entitled to make a defective product compensation claim.

Garden House Solicitors are specialist defective product claim solicitors and can help you make a defective product compensation claim. For more information please contact Kevin Timms on 01992 422 128 or email Kevin

Tel: 01992 422 128

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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