Marketing Defect

Marketing Defect Or Failure To Warn

A defect of marketing is also deemed as a type of product liability and it can generally be considered a failure to warn the client. In cases like this, the plaintiff will be able to state that the defect of marketing or even a failure to warn has resulted in an injury because of the level of product endangerment. United States has three main kinds of product liability claims. The first one concerns manufacturing defects of the product, the second one is related to defects in design and finally, the third one is the marketing defects also known as failure to warn.

All manufacturers have an obligation to their customers to warn them about any and all dangers that their products may be posing. For example, the vast majority of products these days are supplied with particular instructions for safe use. These instructions are designed to warn people as customers not to puncture the product or wet it for instance. In addition, every single manufacturer will need to indicate what age group their products were created for. Customers will need to stick to those instructions and to keep in mind all the warnings.

Various claims can be made by the plaintiff in case of dangerous or defective products. For example, the manufacturer may have breached the warranty that he provided the consumer. Warranty is deemed as a type of promise to the customer.

Marketing Defect Attorney Is Here To Help

In addition, the negligence principle may apply as well. If it is going to be proven that the manufacturer had a responsibility of care towards the client and that responsibility was violated which led to injuries, the manufacturer will be deemed as negligent. Negligence is also can be considered as a liability claim too. In most cases, should the manufacturer be found guilty, he will be held responsible for any of the client’s suffering or injuries. In addition, there is a very strict liability that does not include negligence. Manufacturers may also be held responsible for the defects, but it does not always mean negligence. If you sustained injuries by a product due to a defective marketing, please call us at (818) 642-5229 or fill out online contact form.

Related Information: Manufacturing Defect | Design Defect