How would a claim be based on inadequate warning or the way an industrial product was labeled?
If using an industrial product or power tool as intended could cause the user to be harmed, the manufacturer has a legal duty to say so. There must be adequate warning of the potential harm in packaging and/or labeling of the industrial product.
Generally, the manufacturer has a duty to warn the user if the manufacturer knows or should have known of the product’s potential danger, the danger arises out of normal use, and the danger is not obvious.
An industrial product liability case may hinge on failure to warn of the danger the product ultimately posed, or on an insufficient warning. The legal question that arises if there was a warning is whether it was adequate. Another closely related question is whether the instructions for safe use of the product were adequate. A manufacturer must provide adequate instructions for use of the machinery, equipment or tool and adequate warning of any foreseeable dangers.
If you have been injured by a product in an unexpected manner, you should discuss the matter with an experienced product liability attorney. A Becker Law Office attorney can provide you a free initial consultation about a potential claim in Kentucky, Indiana or Illinois.