Marketing Defects

MARKETING DEFECTS IN NEW YORK CITY

Product Liability and “Failure to Warn”

Product liability is not always related to design or manufacturing errors. In fact, product liability doesn’t have to involve the product at all; in some cases, liability arises when the product comes with an inadequate warning label. According to the Uniform Commercial Code § 2-314(c), products must be fit for the purpose that they were designed to serve. Additionally, § 2-314(e) through (f) states that a product must be

…adequately contained, packaged, and labeled as the agreement may require; and (f) conform to the promise or affirmations of fact made on the container or label if any.

In other words, product must be packaged in a way that is not misleading. The product must also warn customers of potential hazards – especially if it imposes some form of risk in order to be useful. For example, an electric-powered carving knife is only useful if it is sharp and uses electricity. Both of these elements involve risk of injury; however, consumers can use the product effectively and without suffering an injury. In this situation, the manufacturer should warn consumers of potential laceration and electrical injuries.

What should a warning label look like?

A product warning should contain the following elements:

  • A word, such as “Caution,” “Warning,” or Danger,” that warns the consumer of a potential risk.
  • A description of the specific risk, such as “risk of electrocution” or “risk of fire”
  • The consequences of ignoring the warning, such as “loss of hearing,” or “death”
  • How to safely use the product
  • A pictorial warning for consumers who cannot read

Need a product liability attorney in New York City?

At Greenberg & Stein, we believe that negligent individuals and companies should be held responsible for their actions. If you suffered a product injury because the manufacturer failed to warn you of potential risks, you may be able to collect money through a personal injury lawsuit or claim. Contact us and schedule a free, no-obligation consultation regarding your case; our New York City personal injury attorneys can help you understand your legal options without firm.

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