Pennsylvania Failure to Warn Attorneys

Consumer product lawsuit claims fall into roughly three categories:

• Design Defect Claims
• Manufacturing Defect Claims
• Failure to Warn Claims

The "Failure to Warn" situations involve the mislabeling of products, goods, or services. Claimants must prove that faulty labeling or failure to include adequate warning regarding potential dangers led directly or indirectly to substantial harms.

Plaintiffs who suffer minor injuries from poorly labeled products (e.g. $50 to $100 worth of damage resulting from a badly labeled computer part) may be able to join together with other aggrieved parties to file "class action" suits against manufacturers, designers, or other liable entities.

What are some examples of Failure to Warn claims that have occurred here in the State of Pennsylvania?

In 2007, the State Superior Court heard a case, Bombar v. West American Insurance Company. This matter revolved around an accusation that a forklift company failed to provide an adequate warning to potential users of its equipment. In this instance, a female worker suffered major injuries after being hit by a forklift at her job.

Other potential Pennsylvania failure to warn claims might include:

• A farmer in Wilkes-Barre loses a finger after using a poorly labeled cornhusker
• A construction worker in Philadelphia falls from a scaffolding after slipping on a poorly labeled/unusually slick surface
• A driver in gets into a car crash in Pittsburgh due to brakes that malfunctioned because his mechanic couldn't understand bizarrely written brake installation instructions

There are limits to plaintiffs' rights in failure to warn cases. For instance, a Pennsylvania fisherman who sues a tackle company for failing to warn about the sharpness of a lure may lose his case because -- since he is a professional fisherman -- he should know how to handle lures carefully, even if an "average person" might need instructions.

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