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How can an unsafe product’s warning be defective and dangerous?

October 23, 2018

There may be a warning on any new product that a Lexington resident brings home from the store. On games and toys there may be warnings about choking hazards for small children, and on kitchen and home appliances there may be warnings about sharp edges or risks of electrocution. The makers of products are bound to give consumers information about the goods that they buy so that those individuals understand the dangers that may be present in their new purchase.

However, not all consumer products are sold with warnings that sufficiently describe the types of harm that the items can inflict upon unsuspecting purchasers. In fact, warnings can be defective if they not only fail to warn consumers about latent dangers but also fail to provide consumers with directions on how to safely use their products.

Consider a situation where a consumer buys a new lawnmower. It may be expected that the lawnmower’s packaging would include warnings about sharp blades, moving pieces and other dangerous mechanical components. It may also be expected that the packaging would provide the consumer with instructions on how to operate the machine to safely cut the consumer’s grass.

Now, what if the packaging ended its warnings and directions there? What if a consumer was not instructed on how to pour gasoline into the machine or was not warned to wear protective eye gear to stop flying particles from damaging their vision? Insufficient warnings and directions can lead to serious consumer injuries, and when harm befalls an unsuspecting victim they may have a legal case to seek damages based on a Kentucky products liability claim.