When Oklahoma consumers properly use a product but are harmed, they might have grounds for a lawsuit. There are different types of defects involved in product liability. Defects in warnings are one of them; this is what they entail.
Understanding warning defects
One of the types of legal theories in product liability law is a warning defect. This applies when a product’s manufacturer fails to include a warning or one that is sufficient on the product’s label. This can occur with a variety of products: drugs, toys, electronics and other products.
If a product contains a warning defect, it could leave a consumer seriously injured. Dangerous products typically come with warnings to inform consumers such as toxic chemicals or utensils with sharp edges. However, even a product that’s typically safe but has a warning defect could potentially cause harm.
Examples of warning defects
Warning defects can happen in various ways. One is that the manufacturer fails to include any warning label at all. Another type of warning defect occurs when the instructions on the product’s warning label are confusing or include errors. It can also happen when the warning label is difficult or impossible to read; for example, if the font is too small or too closely matches the background color.
A warning defect can also occur when the wrong warning label is placed on a product. For example, a person picks up a prescription for anti-anxiety medication from their local pharmacy, but the warning label placed on the bottle is meant for an allergy medication.
If a person suffers harm from using a product with a warning defect, they have the right to file a product liability lawsuit. For their claim to be successful, they must prove that the product and the warning defect both contributed to their damages.