A warning label can catch your eye, but that doesn’t always mean a product is safe. Sometimes, even with a label, the danger is far greater than you’d expect.
Companies have a duty to do more than slap on fine print and hope for the best. When warnings fall short or are buried in the packaging, people can get seriously hurt.
When warnings still aren’t enough
Not all warnings are created equal. A small sticker hidden under packaging, vague wording or unclear instructions can leave consumers unaware of serious risks. For example, power tools may include warnings about general injury but fail to mention a specific risk such as blade kickback or overheating. When the danger isn’t clearly explained or made visible before use, that warning might not hold up in court.
Courts recognize that manufacturers must provide clear, specific and prominent warnings when a product carries known risks. This includes explaining the nature of the hazard, how to avoid it and what could happen if it’s ignored. Simply stating “use with caution” isn’t enough if a product could cause burns, explosions or other serious injuries. To help determine when a warning is inadequate, the sixth circuit court in Bradley v. Ameristep, Inc. (2015) outlined a helpful five part test:
- Does the notice indicate the scope of the danger?
- Does it reasonably communicate the scope and extent of the harm that can result from misuse?
- Does it communicate the consequences of misuse?
- Are the means used to convey the message adequate?
If a manufacturer knew, or should have known, about the danger and failed to meet these standards, they can be held liable under a “failure to warn” claim.
If you’ve been hurt by a product, even one that came with a warning, you may still have options. Speaking with someone who understands these cases can help you figure out whether the warning was enough, and what steps you can take next.