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Does it Matter if the Product had a Disclaimer, Warning or Other Instructions?

Does It Matter If The Product Had a Disclaimer, Warning or Other Instructions? Yes, it matters if the product had a disclaimer, warning, or other instructions because that might mean that you assumed the risk of the injury. However, the disclaimer, warning, or instructions included may have been insufficient themselves and in this case you would not have assumed the risk if you were injured.

What Is The Rule With Product Warnings Or Labels?

If products are so complex that customers cannot be expected to understand and appreciate latent dangers, then manufactures, distributors, and other sales agents must provide warnings and instructions so that customers can act on an informed basis. However, they are not let off the hook that easily. The instructions must be sufficiently informative so that customers have a real sense of the danger and what they need to do. This issue often comes up with prescriptions. Patients can hardily be expected to understand why a particular medication is being given to them or if there is a superior alternative. What makes this area even trickier is that manufacturers can shed responsibility under the "learned-intermediary rule" if they inform doctors of the risks involved. Therefore, while it is incredibly important if there are disclaimers/warnings/instructions on products-especially complicated products-that is not the whole story. They need to be sufficient and sometimes manufacturers fulfill their duty merely by telling the doctor what to do.

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What Government Body Rules On Product Labels And Warnings?

The Food and Drug Administration (FDA) as well as the Federal Trade Commission (FTC) govern the rules and practice related to product labels, warnings, instructions, and related markings. Their jurisdiction is set forth under the Fair Packaging and Labeling Act (FPLA). According to the government's explanation, they mandate that "All consumer commodities be labeled to disclose net contents, identity of the product, and the name and place of business of the product's manufacturer, packer or distributor." See This authority extends to toys, food, medications, tools, equipment, and most-if not all-consumer goods sold in the United States.

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What Is The Effect Of Labels, Warnings, Or Instructions?

If the defendant can show that it put proper labels, warnings, or instructions on its product, then they can use that fact to imply that you assumed the risk of whatever injury you sustained. Products are becoming more and more complicated in modern times, especially with medications. Therefore, to balance the interests of commerce and safety, the law requires companies to completely and sufficiently disclose all risks their products pose. Then, it is on the patient's shoulder to carry them or not by buying the good. If they do, then they have assumed the risk and cannot seek recourse in court. However, this doesn't mean that defendants always prevail at trial. How can you get around a good label or warning? Well, you can say that the injury you suffered had nothing to do with the label; you can say the label was not prominently posted on the product; or you can say a variety of other things that undercut the presumption of assumption.

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Concerned About The Label Or Warning On Your Good?

Rosenfeld Injury Lawyers LLC can examine the label on your product to determine its sufficiency and connection to your injury. We have a lot of experience recovering compensation for injured victims in Illinois. We can put all of that skill and history to work on your suit at no cost until the trial is over. Just contact our offices to learn more about how Rosenfeld Injury Lawyers LLC can help.

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Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa