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Failure to Warn in a Defective Product Case

There’s no feeling worse than paying your hard-earned money for a product, only to be injured by it due to a manufacturing or design defect. Manufacturers and sellers have a responsibility under California to warn consumers of any dangers they might encounter in the everyday use of a product. If you have suffered an injury, illness or even the death of a loved one due to a lack of adequate warnings on a product, you may be owed damages. The personal injury lawyers at Johnson Attorney Group can help you determine whether to pursue a defective product case against a negligent seller or manufacturer and can help you receive the compensation you are owed. Call 1-800-235-6801 for a free consultation.

Defective Product Cases in California

California law allows consumers to bring a case against manufacturers and sellers if a product has a design, manufacturing or marketing defect that harms the consumer.

  • Design Defect: If something in the design of a good is hazardous, it can lead to a design defect in the finished product.
  • Manufacturing Defect: When a product comes off the assembly line, and it has a flaw that was not in the design, it has a manufacturing defect.
  • Marketing Defect: If a finished product does not have proper warning labels on it or if the instruction manual is incomplete or flawed, the product has a marketing defect.

The “failure to warn” in a defective product case usually falls under the marketing defect category.

Duty of Care

All sellers and manufacturers have a reasonable duty of care to the consumers who buy products from them. This means that companies have a responsibility to warn the purchasers of any potential hazards that the product can pose. If a company knows or reasonably should have known that a product can cause harm, that company has a duty to warn the consumers about it through proper labeling and instruction manuals. California residents have a further layer of protection under our state laws because even out-of-state manufacturers can be sued for damages if their product is sold in California and causes an injury.

Conspicuous Warnings

Under the duty of care, companies must provide warning labels on products that are highly visible to the user. A manufacturer cannot simply place a warning about a product hazard inside of a dense instruction manual and be freed from liability if the product injures someone. This is why you often see warning labels on many everyday products, from power tools to children’s swing sets. Product warning labels must be easy to understand and situated in a location where the user is likely to see it.

Contact Johnson Attorneys Group for a Free Failure to Warn Case Evaluation

The personal injury lawyers are ready to help if you have been injured by a defective product. We have 12 convenient locations throughout California to assist you. Johnson Attorneys Group has helped our clients recover more than $100 million in damages that were owed to them, and we ensure that every client understands the legal process from start to finish. Our phone lines are open 24 hours a day, seven days a week, so call us at 1-800-208-3538 for a free case evaluation today.

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Every personal injury case is unique and many factors are used to value each case. The losses from your claim include the amount of the medical bills, lost wages, pain, and suffering, etc. The most important factor is your life change resulting from the injury. Typically, the larger the injury and life change, the larger the settlement. We discuss your personal injury claim’s worth during your free consultation. Call for a free consultation 800-208-3538, or complete the form below >
The first thing you should do is contact an attorney. Without the representation of a lawyer, insurance companies might make contact with you directly, and since they are trained to protect their best interests, this could mean a loss of rights on your behalf, especially if you unknowingly sign something that they didn't completely explain to you. Call for a free consultation 800-208-3538, or complete the form below >
The length of a personal injury case depends on many factors including the evaluation and treatment of the injury. The bigger the injury, the longer it takes to treat. Attorney James Johnson helps you be aggressive with the treatment, so the average case normally takes between two and five months. Those who have serious injuries and need surgery may take several months longer. Call for a free consultation 800-208-3538, or complete the form below >
Many victims believe if you don't have health insurance you don't have a case - this NOT true. In fact, those with health insurance usually don't use it since there are so many restrictions and steps to overcome to receive authorization for treatment. Johnson Attorneys Group assists you in finding the best doctors to help. Most of them even wait until a settlement for payment. Call for a free consultation 800-208-3538, or complete the form below >
Handling a personal injury claim by yourself is very difficult. You will deal directly with the insurance adjuster who is often trained to obtain the information they are not entitled to use. This information can negatively impact and de-value your case. Once your case is damaged, it is very difficult to repair it and usually costs you thousands of dollars less in a settlement. Call for a free consultation 800-208-3538, or complete the form below >
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