Washington D.C product liability claims generally arise after a person suffers injuries or dies because of a design defect, manufacturing defect, or inadequate warning. Product liability generally applies to the legal responsibility that a product’s designer, manufacturer, distributor, or retailer has towards consumers. The premise of the theory is that consumers have a right to safe and effective products.
Failure to warn claims involve situations where a consumer suffers injuries or dies because of an inadequate or missing warning. The claims can survive despite the product’s appropriate design and manufacture. Manufacturers must clearly warn consumers of any known or potential hazards associated with the product. Further, manufacturers must include instructions on how to use the product appropriately.
Injury victims or their families must establish that the product contains a defect that makes it unreasonably dangerous, the defect was present when the product left the manufacturer, and the defect caused the victim’s injuries and damages. Companies must clearly convey the warning to customers. Courts will generally look to the totality of the circumstances when determining whether a warning was sufficient. However, it is essential to note that manufacturers do not need to warn consumers of apparent dangers. For example, a switchblade company does not need to warn customers that the blade is dangerous. However, a pharmaceutical company should warn consumers that taking a particular medication may impair their driving.