Failure to Warn

Did you know that many injuries and incidents involving defective products and product defects stem from defective or inadequate warnings? In California, failure to warn or to provide adequate product warnings on the part of a manufacturer renders them strictly liable in tort for injuries and damages.

Manufacturers and suppliers of consumer products are required to provide sufficient warnings of any dangerous propensities inherent in their product, or in its use. California law further makes clear that, although a product may be flawlessly designed and/or manufactured, it may still be found defective if its warnings are defective or deficient.

California courts have further made clear that actual knowledge on the part of the individual manufacturer is not the issue. California courts have ruled consistently that the standard is to require that the manufacturer be held to the knowledge and skill of an expert in the field; it is obliged to keep abreast of any scientific discoveries and is presumed to know the results of all such advances." (Carlin v. Superior Court (1996) 13 Cal.4th 1104, 1113, fn. 3 [56 Cal.Rptr.2d 162, 920 P.2d 1347].)

For product defect claims, the rules of strict liability require a plaintiff to prove only that the defendant did not adequately warn of a particular risk that was known or knowable in light of the generally recognized and prevailing best scientific and medical knowledge available at the time of manufacture and distribution.

Remember, If you have suffered personal injury as a result of your use or interaction with a defective product (a product with a defective design, a product with manufacturing defects or defective warnings), you need experienced legal counsel with significant experience in product liability matters.

With Attorneys David Shoop and Don Liddy at your side, you have experience from every imaginable angle. For catastrophic injury cases, you will not find a more balanced team of attorneys who genuinely care about their clients and deliver proven results. This is YOUR firm - Contact Shoop | A Professional Law Corporation today to speak with an experienced Los Angeles product liability attorney at (866) 884-1717.