Godosky & Gentile, P.C. Attorneys at Law

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Can I be compensated if a product had no warning label?

On Behalf of | Dec 25, 2015 | Products Liability

While most companies do everything that they can in order to put out products that are as safe as possible, there are some products that simply pose dangers no matter what. Often, these products will come with a warning label in order to prevent consumers from injuring themselves, but some products choose not to label a product, or the label is not clearly visible. What you should know as a consumer is that there are requirements for warning labels, and failure to provide those labels can see you compensated.

Manufacturers have a duty to ensure the safety of consumers who use their products to a reasonable extent. This often includes warning consumers of any dangers that a product might pose, such as overheating and catching fire or exposing sharp objects that could cut flesh. A warning label is usually required when:

  1. A product is dangerous.
  2. The manufacturer of the product is aware of the potential dangers.
  3. Using the product in its intended manner for its intended purpose, can trigger the danger.
  4. A reasonable user would not expect the danger or find it to be obvious.

If these four conditions exist, then it is highly likely that a warning label will be present on your product. However, sometimes manufacturers are not aware of potential dangers, and so they do not apply a warning label. This can lead to serious injury for consumers who are victimized by the unknown dangers.

If you have been injured by a defective product that did not have a warning label, or even if the product did have a warning label and you were injured under different circumstances, consider meeting with an attorney. New York law is very clear when it comes to product liability cases, and consumers who are injured by dangerous or defective products could be compensated for their injuries.