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.
While many failure to warn claims involve pharmaceutical products, some of the most notable claims involve everyday products. For example, Johnson & Johnson has been the focus of some of the most well-known FDA investigations. Many of the company’s lawsuits involve its failure to warn the public of the dangers of using its products.
In recent news, a black women’s group filed a lawsuit against the company for deceptive marketing practices. The company used to manufacture powder products containing talcum powder. The powder was found to contain dangerous levels of asbestos, causing some users to develop mesothelioma and cancers. Although the company reformulated its products, many customers continue to suffer the effects of long-term use of the product.
The current accusations involve the company’s continual product marketing, despite knowing that the product might cause cancer. The group argues that the company targeted minority women by advertising its products at Black beauty salons, radio events, and concerts. The company purports that they did not specifically target black women; however, victims pointed to internal memos where the company noted the “high usage” of their products amongst Black women.
Have You Suffered Injuries Because of a Dangerous Product?
If you or someone you love has suffered injuries because of a defective or dangerous product, contact the Washington D.C. product liability attorneys sat Lebowitz & Mzhen. The lawyers at our firm have extensive experience successfully representing Washington D.C injury victims in their claims involving motor vehicle accidents, slip-and-falls, products liability, and nursing home abuse and negligence. We have recovered significant amounts of compensation on behalf of our clients, including many six and seven-figure settlements and jury awards. Contact our office at 800-654-1949 to schedule a free initial consultation.