When a manufacturer creates a product to be sold, there is an implied duty to provide a safe product that accomplishes its intended purpose. If a product poses a unique and identifiable risk, and the manufacturer has knowledge of this risk, there is a duty to warn consumers with a noticeable written statement. Even if a manufacturer can demonstrate that he was not aware of the potential hazard, but a court determines that the manufacturer should have known about it, they may still be considered liable for injuries that could have been prevented with an adequate warning.

Defective Products like drugs are often involved in failure-to-warn claims. Manufacturers who had knowledge of a product's unique risks, and failed to properly warn consumers, may be held liable for serious injuries that result from taking the drug. Often the most serious side effects, the ones that should have been prevalent and clearly stated on the labels, are overlooked for the sake of profit.

Manufacturers can also be prosecuted with a failure-to-warn claim if information on potential product hazards becomes available after the product has already been placed on the market. For instance, if additional testing leads drug makers to discover that their medication poses serious health risks, they have a duty to update the packaging and warning labels to reflect the new information, or pull the product if it is poses unacceptable risks.

In successful failure-to-warn cases, victims and their families have collected medical expenses, lost wages, permanent disability, disfigurement, pain and suffering, emotional distress, loss of enjoyment of life, loss of companionship, etc. In some cases, punitive damages may be granted also.

If you or a family member has been injured by a dangerous or defective product, turn to the defective product attorneys in Philadelphia at Pomerantz Perlberger & Lewis. Call or email us today for your personal legal consultation.