How To Establish A Product Was Defective Due To Inadequate Warning Or Instruction

by Daniel J. O'Brien [email protected]

In order to prove a products liability case in Pennsylvania, the injured victim must establish the following:

• the product was defective;
• the defect caused the victim's injuries; and
• the defect causing the injury was present at the time the product was sold to the consumer.

One way to prove that a product was defective is by showing that there was a lack of proper warning about the product's potentially hazardous condition. The product's warning must sufficiently notify the consumer of the dangers inherent in the product.  Further, the warning must be comprehensible to the end user.

Earlier this month, an inflatable pool water slide was recalled due to the fact that it deflates during use causing the user to hit the ground beneath the slide and sustain serious injuries such as neck fracture and even death.

The Consumer Product Safety Commission's website states that the slide is "unstable and can topple over in both still and windy conditions."  The recall also states that the slide has "inadequate warnings and instructions."

From the information provided on the inflatable slide's recall, it appears as though the injured victims may have a products liability case.  Potential liable parties include:

• the designer of the slide;
• the manufacturer of the slide;
• the seller of the slide; or
• the distributor of the slide.

Injured parties can allege that there was a defect because the slide provided inadequate warnings regarding a potentially dangerous condition, i.e. it can deflate during use.  Further, injured consumers can also allege that the warnings were inadequate in terms of the slide's stability.

Again, the above analysis is based on the information provided in connection with the product recall.  With further investigation, there could be other possible claims and potential liable parties.

Product liability cases are complicated and are best handled by experienced lawyers who are familiar with product liability laws. To learn more, acces our legal article: What is a Dangerous Product? What makes a Product Dangerous or Defective?

If you or a loved one was injured by a dangerous or defective product and would like to discuss your legal rights, contact experienced Philadelphia, PA & NJ products liability lawyers for a free consultation at 877.944.8396.