When we think of defective products, we usually picture something that is poorly designed or inadequately manufactured. However, a product can also be considered defective if a company does not adequately inform consumers about its safe use. 

Insufficient instructions or warnings are an example of a marketing defect, where failing to properly communicate with consumers poses potential risks. This type of defect can occur even if the design and manufacture of the product are not defective.

Failure to warn is a legal principle that may come up in products liability claims. This principle holds that consumers have a right to be informed about any potential hazards or risks so they can make informed decisions when using a product or choosing whether to buy it.

What responsibility does a company have to warn consumers about risks?

Since some products may present inherent dangers associated with the normal and foreseeable use of a product, companies that manufacture and sell products have a duty to warn consumers about them.

A company can be held liable in a personal injury claim if they do not provide sufficient instructions on how to use a product, as well as warnings about any potential risks. In these claims, a plaintiff must show that inadequate instructions or warnings contributed to their unsafe use of the product, which resulted in their injury.

Some examples of failure to warn include:

• Failing to update warnings with new information on potential hazards
• Failing to include labels or instructions warning about potential hazards
• Failing to warn about risks that may not be obvious to the consumer
• Using unclear or ambiguous language in instructions or warnings
• Omitting important information, including instructions on the proper storage, maintenance, and disposal of a product
• Improper placement of a warning label, such as locating it where it cannot easily be seen or only including the warning in the instruction manual or on packaging materials

Who can be held responsible for failure to warn?

Creating a product and bringing it to consumers requires a chain of distribution. When a product causes injury due to inadequate instructions or warnings, one or more of the following could be to blame:

Manufacturers

Companies that design and manufacture products are responsible for assessing the potential risks of a product and providing clear instructions and warnings about how to use the product safely. 

Distributors

If a manufacturer uses a separate distribution company to deliver its products to consumers, this company may have a duty to communicate potential risks to a retailer or directly to a consumer. 

Retailers

Retailers may be held liable for failure to warn if they do not make consumers aware of a product’s potential risks, do not provide products with updated warnings, or do not warn a consumer that they have modified a product in a way that introduces new risks.

Other parties can also be held responsible for failing to warn about risks, including wholesalers and suppliers. Individuals who are selling a used item generally have more limited liability but can still be held responsible if they do not warn a buyer about known defects or dangers.

Can a manufacturer still be liable if they were unaware of a risk?

Yes. Being unaware of a risk is not an acceptable defense since manufacturers have the responsibility to identify and address potential hazards before a product becomes available to consumers.

Manufacturers must go through a quality control process, including researching and testing products, to identify potential risks and make consumers aware of them. This responsibility continues after the product goes to market, as manufacturers are expected to do post-market surveillance, collect and analyze data, assess consumer feedback, and make reports to regulatory agencies. This process allows them to note any safety concerns and address them.

If a safety issue does come up after a product goes to market, a manufacturer must take reasonable actions to address it. This could include issuing a product recall and communicating with the public, as well as others in the distribution chain, about recommended actions.

When is a warning necessary?

Manufacturers aren’t expected to warn about every single scenario where the use of their product could cause injury, although they may seek added liability protection by including seemingly common sense precautions. This is why you occasionally see warnings as obvious as a jar of peanut butter with the label “Warning: contains nuts.” 

In addition to providing instructions and warnings about the safe use of their product and potential risks involved in its use, manufacturers must provide warnings about the foreseeable misuse of their product. This typically addresses hazards associated with mistakes that a consumer could easily make, such as incorrectly installing a child’s car seat. Manufacturers must also advise when a product creates greater risks for certain consumer groups, such as young children or pregnant women. 

A manufacturer is not expected to provide a warning if a risk is obvious or common knowledge. For example, a cutlery manufacturer doesn’t need to include a warning label on each of its knives advising that they are sharp since consumers will be aware of this fact. Warnings are also not required for simple or common objects where normal use does not create any foreseeable risks.

Let’s review your case

If you have questions about a products liability claim, set up a free consultation with the team at Anderson Trial Lawyers today. Contact us online or call 860.886.8845.

Whenever car accidents occur, the drivers involved are expected to exchange information. This process creates a record of the accident and allows the drivers — and their attorneys — to stay in touch during the ensuing process of determining fault and resolving insurance claims. It also ensures that negligent drivers can be held accountable through a personal injury claim.

Hit-and-run accidents deprive accident victims of this process and make it more challenging for the victim to recover compensation for injuries and property damages. Having a skilled attorney on your side is crucial for understanding the complicated process of submitting an insurance claim after a hit-and-run accident and for recovering damages if the at-fault driver is apprehended.

Hit-and-run laws in Connecticut

Connecticut law requires that drivers who are knowingly involved in an accident must stop to provide their assistance to any other drivers involved and to share important information, including their name, address, and license or registration number. Even if no other drivers are involved, such as a single-vehicle crash that causes damage to a parked vehicle, the driver must make an effort to provide this information by informing a witness or calling the police.

Drivers who leave the scene of an accident can be charged with evading responsibility and other crimes. Penalties will vary based on the severity of the accident, ranging from fines for minor accidents to imprisonment for hit-and-run accidents resulting in a serious injury or death.

A hit-and-run accident can occur when a driver leaves the scene after striking a vehicle or another road user, such as a pedestrian or bicyclist. An accident resulting in property damage can also be considered a hit-and-run, such as a driver leaving the scene after colliding with a parked vehicle.

The challenges presented by a hit-and-run accident

When drivers follow the lawful process after an accident, an investigation will determine who is at fault. The victim can then make a claim to collect compensation through the at-fault driver’s auto insurance. This process also gives them the option of filing a personal injury claim against the at-fault driver if their negligent behavior caused an accident, and the auto insurance company is not valuing the loss correctly.

In a hit-and-run accident, a driver must instead seek compensation through their own insurance. This can make the process more burdensome since the insurance company will be relying on limited information. They may also treat such a claim with more suspicion since hit-and-run claims can be more susceptible to fraud.

Steps to take after a hit-and-run accident

Any hit-and-run accident should be promptly reported to the police, who will begin an investigation and try to track down the responsible driver. They can also collect evidence that will help strengthen any claims they make to their insurance company, including debris left at the scene, eyewitness statements, and surveillance or dashcam footage.

Hit-and-run victims should seek medical attention, even if they don’t believe they are seriously injured. They should also make medical appointments for any subsequent ailments that could be a result of the accident and keep a record of these visits.

Victims should also take steps to document the accident scene and maintain records of any expenses related to the accident, including medical expenses and vehicle repair bills.

Making an insurance claim after a hit-and-run accident

Connecticut law requires all drivers to carry a minimum coverage for uninsured or underinsured motorists (or UM/UIM insurance for short) of at least $25,000 per person and $50,000 per accident. This coverage allows drivers to receive compensation if they are involved in an accident with a driver who lacks auto insurance or has inadequate insurance. It can also be used to cover expenses related to a hit-and-run accident.

Check your specific policy to see what it offers for UM/UIM coverage. The minimum coverage is typically insufficient for covering the financial burden created by a hit-and-run accident, but some policies have higher amounts. The policy will also explain any exclusions or coverage limits. One such exclusion which may be in a policy is that there must be contact between your vehicle and the hit-and-run vehicle to make a UM claim.

Your policy may also provide direct compensation for certain expenses. For example, if you have collision coverage or medical pay insurance, you can use it to cover damage to your vehicle and medical care, respectively.

Claims should be filed promptly after the accident, and you’ll need to stay in regular communication with your insurance company to provide any necessary information or updates.

Providing documentation and evidence, such as the police report and witness statements, can help strengthen your claim. Insurance companies often seek to reduce the amount of money awarded in a claim, knowing that people may be eager to get at least some money to cover their mounting bills and accept a lower offer. Working with an attorney helps you get compensated fairly so that it can be used toward your current and future expenses.

What happens if the at-fault driver is identified?

Hit-and-run accidents have an additional complication in that the at-fault driver may turn themselves in or be apprehended at a later date. If the driver is identified, it might change the process of receiving an insurance claim while also opening up the possibility of filing a personal injury claim.

Since insurance claims should be submitted as soon as possible, you’ll need to follow up with your insurance company after the at-fault driver is found to update them on the situation. The insurance company may consider the matter closed if it’s already been resolved through your own insurance. However, they might also opt to adjust your claim to seek compensation from the driver’s insurer.

Once the driver’s identity is known, you can file a personal injury claim against them, seeking compensation for medical costs, lost wages, damaged property, and other expenses. Hit-and- run accidents are often considered particularly egregious because the driver intentionally tried to escape the consequences of the accident.

Defendants in these claims frequently argue that they did not know they struck an object or person or that the victim’s behavior contributed to the accident. An attorney can help build a strong claim that counters such arguments and proves that the driver was negligent.

Compensation may be available through other avenues as well. If the at-fault driver was intoxicated, any businesses or hosts who overserved them can be held liable. Hit-and-run victims are also eligible for Connecticut’s victim compensation program, which helps crime victims pay for expenses not covered by their insurance or other financial resources, to a limited extent.

Let’s review your case

Hit-and-run accidents result in numerous complexities, whether you’re filing a claim with an insurance company or seeking compensation from a negligent driver. The attorneys at Anderson Trial Lawyers can help you collect the information you need to present a strong claim. Contact us online or call 860.886.8845 to set up a free consultation.