Misleading Product Labels Can Lead To Personal Injury Claims
Product labels serve many purposes, but two of the most important are instructions on how to use the product and warnings regarding potential risks that the product might pose. When a product poses a potential risk that is not obvious or if the product can be dangerous when not used properly, you may have a case after you are injured by the product.
Improper Labeling Is Not a Simple Mistake
If a company engages in improper modeling, they will only be able to claim that it was a mistake if they remove the product promptly and solve the problem. Otherwise, you may have a case against the company if the label did not contain necessary information and you were injured by the product.
A company is responsible for implied trust. This means that the company must inform the user about the risks, ingredients, potential reactions, and proper use of the product. If the company fails to do this1 and you're injured as a result of the product, contact a personal injury attorney for help.
The Location of the Labeling
The product labeling must be a part of the product. For example, you should not be forced to search the company website to learn about the product. Some products have a sticker placed on them, and other products have a label that is part of the packaging. The label must be easy to read, and products with damaged labels should be removed from the shelves.
The regulatory body for a particular product governs how the product should be labeled. For example, cosmetics are regulated by the FDA in the United States and must follow labeling guidelines. Fortunately, a personal injury attorney who is experienced with product labeling cases will know which regulations the defendant must follow.
Reasons for Failing to Properly Label a Product
In some cases, there is a mistake at the design level. The company might not have adequately tested the product and are not aware of an inherent problem that they should have uncovered. Your personal injury attorney will need to prove that the company knew or should have known that the product was defective.
In other cases, the product is not properly labeled because the company is engaged in deceptive advertising. For example, a supplement might claim to cure a particular condition that it doesn't actually cure while failing to list serious side effects. Marketing fraud is a serious offense that you will deserve compensation for.
To learn more, contact a personal injury attorney.