Failure to Warn in Chicago Product Liability Cases

When people buy a product, they expect to be warned of all its potential dangers. Unfortunately, this is not always the case, and the results can be devastating.

If you or someone you love was injured in this way, you may be able to seek compensation through a personal injury case. Our legal team of defective product attorneys has extensive experience involving failure to warn in Chicago product liability cases. Call today for help getting the compensation you deserve.

What Is Failure to Warn?

Manufacturers and sellers who neglect to add explicit package warnings to consumers may be liable for injuries resulting from product use. These entities must warn consumers about:

  • Potential hazards from proper or improper product use
  • Risks of using the product in a usual or expected manner
  • All dangers that may not be known to consumers

For instance, if a product is made for children, there should be warnings regarding any choking hazards. These warnings must be visible and include a signal word like “danger,” “caution,” or “warning.” Other product types may require other warnings to let consumers know how potential dangers may occur and what harm is possible.

Any failure to list product hazards can result in a Chicago failure to warn case brought by an injured consumer. However, consumers must understand that some products have apparent dangers and may not qualify for this type of claim. A skilled attorney could review your specific situation and help determine whether you have a case.

How to Establish a Failure to Warn Case Against a Manufacturer or Seller

The process of establishing a Chicago failure to warn case will vary based on the circumstances of each situation, including the product and the type of injury caused. This can be difficult, as a claimant will need to demonstrate:

  • The manufacturer should have known or was aware of the potential risk
  • The included warnings were inadequate or not readily available to the consumer
  • Injuries were directly caused by a lack of warning
  • The product had a foreseeable risk of harm that was not stated

Establishing proof often comes down to providing expert testimony, which can help to provide the following:

  • Information about specific risks that the manufacturer failed to disclose
  • Comparative analysis by looking at similar product warning labels
  • Proof that a product’s label was not enough to protect consumers

A plaintiff will most likely need the help of a knowledgeable attorney to get expert testimony.

Why Hire a Legal Team for Product Liability Cases?

To build a case against a manufacturer, you must prove that their product was defective, unreasonably dangerous, and caused injury. In Chicago, the plaintiff has the burden of proof, so a legal team may be the only way to gather enough evidence to thoroughly establish your failure to warn product liability case.

Contact Our Chicago Attorneys For Help Regarding Failure to Warn Product Liability Cases

The lawyers at McCready Law have the experience necessary to help you if a product has caused you injury. We could seek compensation from those who should be held liable, whether they are manufacturers or sellers. To learn more about failure to warn in Chicago product liability cases and how filing a claim may benefit you, contact us.