Any product that is sold in the United States should meet certain federal requirements. At Cok Kinzler PLLP, we know consumer safety laws and how they apply to items here in Montana. Providing people with the proper information regarding how the product can be used and alert them to any potential dangers is key to ensuring safety.
When each of the following is present, the manufacturer is required to include a warning label:
- There is a danger.
- The manufacturer knows about the danger.
- The danger can take place even when the product is used as intended.
- The danger is not necessarily obvious.
Typically, product liability law requires manufacturers to let people know about either intended or unintended consequences of using their items. A relatively easy way for you to get that information is through a warning label. These labels must meet adequacy requirements in order to protect the manufacturer against the suit.
For example, a warning label may be affixed to the packaging on an item but not on the product itself. This could be viewed as an insufficient warning, as future users of the item may not be aware of certain dangers. Further, as the Restatement (Third) of the Law of Torts: Products Liability points out, there are certain parties who should be warned. This includes not only the person who purchases the product, but also anyone who would be likely to use it our somehow be affected by the effects of the product.
In order to hold a manufacturer accountable for an insufficient warning label, you must have followed instructions and warning labels as they are. For more information on this topic, please visit our page on defective products.