Just as consumers insist upon and rely on manufacturers to design and make products that are safe to use, they also rely on the manufacturers, sellers or marketers of these products to provide the proper instructions on how to assemble and use them.
Proper labels or instructions are just as important as designing and manufacturing a product in a safe condition and which is free from unreasonably dangerous defects. If you or a loved one was injured because of an inadequate or improper instruction or label, contact the personal injury lawyers at The Law Offices of Alex G. Tovarian.
Purpose of Proper Instructions
Instructions or labels serve a variety of purposes:
- To instruct you on how to assemble a product
- To warn about possible risks
- How to use a product
- What the product is intended to do
Instructions that accompany the product should educate the consumer on how to use and assemble a product. For example, child booster seats need to be properly assembled and have adequate instructions on how to properly restrain a child. Instructions that are difficult to read or which are wrong or inadequate on how to assemble or restrain the child can lead to the infant being ejected from the seat.
Product Liability Principles
Improper instructions on a product or in literature that accompanies the sale of the product is part of product liability law. Most product liability cases involve a defect either in the design or manufacture of a product, though a significant number of such cases are about improper instructions.
To find strict liability so that the injured consumer has an easier time holding the responsible party liable, the injured consumer must prove that the product had a defect that was unreasonably dangerous and that the defect was a substantial factor in causing injury to the user.
In cases where the plaintiff is alleging that an improper instruction led to the injury, the marketer or party that wrote the instructions is liable if the lack of sufficient instructions played a major role or was a substantial factor in causing the injury. In other words, if the instructions were adequate, the harm would not have occurred.
Typically, expert testimony is required to prove that a reasonable consumer would not have been able to follow the instructions, or that the instructions as worded fell below acceptable standards in the industry. Other content may have been easily misunderstood or too obscure to have adequately educated the consumer on how to assemble or use the product to avoid injury.
Get Legal Help from The Law Offices of Alex G. Tovarian
Cases of improper instruction are difficult to prove, which is why you should call a personal injury attorney from Sacramento at The Law Offices of Alex G. Tovarian. Our attorneys are keenly sensitive to the needs and concerns of injured consumers and have the resources and knowledge to handle injury cases involving improper instructions. Call us today for a free, confidential evaluation of your injury claim.