A product can be unsafe due to design defects, manufacturing defects and marketing defects. In the case of marketing defects, the error is in the communications about the product. The promotion may make false claims about what the product can accomplish. The promotion may have a failure to warn of risks. It may fail to communicate the safe use of the product. Individuals injured due to marketing defects are urged to speak with an attorney.
Marketing Defect Lawsuits
Who has not seen ads of television of pharmaceutical drugs? The point is that if you take such and such drug, your arthritis will not hurt you anymore. All the while the voice over in the ad is telling you in a hurried voice a litany of side effects that may result. This is the drug company's effort by marketing to explain the risks of their potentially dangerous product. Should they be sued by an individual claiming that the drug harmed them, they will respond that the person was warned. They will still lose for making false claims if they cannot show that the drug at least relieves arthritis for some people some of the time. Even then if the drug has too many victims, it may be considered unreasonably dangerous and thus defectively designed.
Where companies fail to warn of risks, or fail to explain how to safely use their product or simply make false claims they are liable for injuries caused.
Get the Compensation You Are Entitled To
Individuals who have been hurt by products where there have been marketing defects can get aggressive representation from Shoop | A Professional Law Corporation. Attorney David Shoop serves clients with relentless products liability advocacy. He has helped many obtain large awards for their medical expenses, loss of income and pain and suffering.