Failure to Warn Lawsuits & Marketing Defects - The Lyon Firm
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Failure to Warn Lawsuits & Marketing Defects

Cincinnati product recall safety lawyer and Ohio product liability attorney reviews common failure to warn lawsuits and represents plaintiffs in Ohio and nationwide


In product liability law, “failure to warn” describes a condition in which a company is aware of a product that contains certain hazards but fails to warn consumers about the potential to cause injury or accidents.

Each year in the United States, millions of consumers are injured at the hands of defective products—products that are manufactured and distributed without proper warnings of the product dangers. Product liability law dictates that warning labels be placed on the product itself and that instructions or owner manuals be clear about possible dangers and risks.

Allegations of negligence can be widespread in certain failure to warn lawsuits, and liability claims may target the manufacturer, the distributor, or the retailer, should all three fail to provide adequate warnings for a product that they produce and sell to the public.

Joe Lyon is a highly-rated Cincinnati product safety attorney and Ohio product liability lawyer reviewing failure to warn lawsuits nationwide. The Lyon Firm has nationwide success in litigating product liability cases, initiating large settlements in a wide variety of consumer claims.


 Common Defendants in Failure to Warn Lawsuits

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Legal Basis for Failure to Warn Lawsuits

Failure to warn lawsuits follow the basic legal principles of any case brought against a negligent manufacturer. Plaintiffs must prove that the product presents a hazard and that the manufacturers knew about the danger posed by the product. Product liability lawyers should build a compelling case by arguing the following:

  • The defendant was aware of hazards and risks—with certain products, it is easily argued that by using a product as intended at the workplace or in the home, injury was likely. Manufacturers can be reasonably expected to be aware of design flaws and potential risks. A company may also be sued in a failure to warn against the dangers of using the product for something other than its ordinary purpose.
  • Warning Not Visible—a warning must be applied to a product in places that can be easily read and understandable by consumers. Warnings cannot be hidden in small print somewhere in an owner’s manual. There is a basic duty to warn consumers of risks that courts almost always upholds.
  • Injuries result from Inadequate Warnings—a plaintiff has to prove that a particular injury was caused directly by a defective product.

Product Liability & Failure to Warn Lawsuits

Each year, thousands of consumer products are recalled in the United States, typically after accidents and injuries occur, lawsuits are filed, and when safety agencies like the Food and Drug Administration (FDA), the Consumer Product Safety Commission (CPSC), the Food Safety and Inspection Service (FSIS), or the National Highway Traffic Safety Administration (NHTSA) uncover dangerous defects. A product recall may be initiated when plaintiffs and their attorney have the courage to confront manufacturers for negligence and product risks.

If you or a loved one has suffered an injury due to a defective product, and have questions about the legal remedies available to improve quality of life and medical care, contact The Lyon Firm at (800) 513-2403. You will speak directly with Mr. Lyon, and he will help you answer these critical questions.

Contact us today.