Our faulty product injury lawyers handle cases in Los Angeles where a flawed design or manufacturing process resulted in a dangerous product and harmed someone. However, they also handle products liability cases based on the manufacturer’s failure to warn the consumer about product dangers.
Everyone is aware of pharmaceutical drug ads today that list a host of potentially adverse side effects. In television’s earlier days, ads did not have warnings about drug side effects. Consumers only heard about the benefits, and not the risks. This complete change in advertising is a result of products liability lawsuits. Under California Civil Jury Instructions (CACI) 1205 Strict Liability – Failure to Warn – Essential Factual Elements, there are elements to a case where the injury victim’s lawyer must show that a manufacturer did not provide sufficient instructions or warnings of risk. Examples are warnings about potential side effects or allergic reactions to drugs. Some of the facts the injury victim’s lawyer must prove in a case include:
- The product had potential risks, side effects or allergic reactions that the manufacturer knew about when manufacturing, distributing or selling the product
- The potential risks presented a substantial danger to product users
- Ordinary consumers would not recognize the potential risks
- The manufacturer failed to adequately warn the consumer about the potential risks
- The consumer used the product in a reasonably foreseeable way
- The consumer suffered injury
- The lack of warning or sufficient instructions was a substantial factor in causing the consumer harm
If you suffer a serious injury because of a failure to warn, consult a products liability attorney about pursuing legal action.
The Law Offices of Larry H. Parker has a successful track record of recovering damages for clients in injury cases.