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Adequacy of Warnings & Label Defects

A manufacturer may be liable for defects associated with the adequacy of warnings and labeling defects.

A product is not in a defective condition when it is safe for normal handling. Where, however, the seller has reason to anticipate that danger may result from a particular use, he may be required to give adequate warning of the danger, and a product sold without such warning is in defective condition.

In order to prevent the product from being unreasonably dangerous, the seller may be required to give directions or warning, on the container, as to its use. The extent to which a warning should be provided depends both on the foreseeability of the injury, as well as the complexity of the product. Medicine, for example, contains extensive labeling requirements and warnings, in part because of its potential use with other drugs, which can result in injury or death.

If you have a situation concerning manufacturers using adequate warnings or labels or defective products, contact Corless Barfield Trial Group at 877-517-5595.

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Ted Corless | Corless Associates

Ted Corless | Corless Associates

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