8th Oct 2014
Manufacturers and others can be liable for forseeable injury caused by a defective or unreasonably dangerous product. This is true even if the product carries a warning. Warnings are supposed to be clear, informative and conspicuous. On most items there is typically a box which will also have a copy of the warning and/or an insert foldout type of literature in the box or with the product. You should first check the packaging to see if these things were with your product. If they were and you simply did not read them, you may have a problem. If they were and they are not clear as to the safe use or potential defective performance of the product, or if they were included but so small as to not be readable, you may have a case. Remember, if the word “warning” is large enough to be noticed and you didn’t take the opportunity to read the rest, you may be out of luck here. Your own negligence can be used against you as a defense. For a products liability case, you need to have substantial damages.