Warning labels are on products for a good reason. Problem is a lot of people don’t read them, and in some cases they’re not adequate.
You may remember at one point reading a funny warning label that said something like “Don’t operate hairdryer while having a shower.” Or one of the better ones floating around on the Internet says of the product – a mattress no less – “Warning: do not attempt to swallow.”
While it’s hard to imagine anyone trying to swallow a mattress, the fact that the warning label states that indicates the manufacturers are trying to make sure they don’t get sued for the eventuality. That’s the main reason for warning labels – to avoid lawsuits if something goes wrong with the product.
Most often people associate warning labels and lawsuits together in the same sentence when they’re taking medications. It’s quite common that many drugs do have side effects; some so serious they may even cause death. The US courts are quite busy with dangerous product lawsuits relating to drugs that harm.
The general idea of having a warning label in the first place, is to tell consumers there may be a problem with the product. You might think they’re really ridiculous, like the one on pepper spray that states, “Don’t spray in your own eyes.” Think about this though, if those warnings weren’t there, and something bad happened, you could sue the company for selling a defective product.
It’s the 1994 Safety Regulations that are in effect for most new and used products such as vehicles, medicines, clothing, pesticides, DIY tools and household goods etc. The rules say that the manufacturers must provide safe products for normal and “unusual, but predictable applications.” The definition of predictable applications is sometimes difficult to define though.
If a product just doesn’t work and doesn’t hurt anyone, then it’s not defective. It should be taken back to the manufacturer, but if it’s not dangerous, it doesn’t qualify for a defective product lawsuit. If you have any questions about this area of law, contact a competent attorney who has experience in this area. S/he will assess the merits of your potential case and provide you with advice on how to proceed.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit http://www.ozcomert.com.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.