A defective product is often a product that fails noticeably, if not catastrophically. For example, most people know about Takata airbags for their defect that causes them to violently explode without warning. However, some products are defective in a much more subtle way, such as not providing an appropriate amount of safety instructions.
When a product does not include a user manual with safety instructions, it might be considered defective and the manufacturer could be held liable for any harm suffered by a consumer who inadvertently misuses the product. Simply including instructions does not completely remove a manufacturer’s liability, either. The instructions need to be clear enough for someone to reasonably follow, based on the product itself.
Not sure where to find instructions for a product? Be sure to check:
- On the packaging
- On the product itself
- Online at the manufacturer’s website
- In a booklet inside the box
If a manufacturer includes ample instructions at any of the aforementioned locations, it could increase your own liability if you are hurt by misusing the product. There are also situations in which instructions might be deemed unnecessary by a court. This can be the case if the product is quite simple in design. For example, consider a shovel, which is potentially dangerous but will not include any instructions or safety warnings on it.
On the other hand, a product of certain complexity or danger should always include safety instructions, no matter how commonplace it may be. For example, a toaster is something in most peoples’ homes, but it should include instructions for safe use as it poses both an electrocution and a burn injury hazard.
Call Our San Jose Defective Product Attorneys Today
Did you or a loved one suffer a serious injury due to a defective product, or a product that did not include safety instructions? You deserve compensation to help pay for your damages, such as medical costs and lost wages. Habbas & Associates is here to help make this possible through highly-experienced and compassionate representation for injured consumers. To get our team on your side today, contact us to schedule a free consultation.