People generally associate product liability cases with faulty product design or defective product manufacturing. But even a properly manufactured and designed product might not necessarily be a safe product.
Manufacturers are required to provide adequate instructions on the use of a product, and they must also warn consumers of hazards that might result from the use of the product. The failure to do so, could lead to a product liability claim by a person who is injured.
Product manufacturers must warn consumers of the known or unexpected dangers they might encounter in using a product. Manufacturers must also offer instructions as to how consumers may use the product safely to avoid injury and harm.
It is normally left to the discretion of a manufacturer to decide what warnings it will give to consumers who purchase its products. When the following circumstances are present regarding a product, a manufacturer must warn consumers:
- If it poses a danger to consumers
- If the company is aware of the danger
- If the danger may exist, even when the product is used as it is intended
- If users acting reasonably might not perceive the danger
The sale of all-terrain vehicles is an example of a product for which manufacturers must issue warnings to users. A properly designed and manufactured ATV used under normal conditions might not pose a danger to riders or passengers. But, if a manufacturer is aware that the addition of heavy loads to the rear of the ATV might cause a rollover accident, it must warn users of the dangerous product and provide instructions on safe loading practices.
The information in this blog is offered as an overview of a complex legal practice area. It is not offered as, nor should it be used by someone, as legal advice.
A Bexar resident who is injured through the use of a defective product or a product for which the manufacturer provided insufficient warning of dangers associated with its use might benefit from reviewing the circumstances of the injury with, and obtaining legal advice from, a Texas personal injury attorney.