Every day, consumers in Connecticut and across the country use countless products, from power tools and kitchen appliances to medications and children's toys. While these items are designed to make our lives easier and better, many carry inherent risks that are not immediately apparent. A well-made ladder can still be dangerous if used on uneven ground, and a safe medication can have severe side effects when combined with other substances. 

The law recognizes these hidden dangers and places a responsibility on manufacturers to warn users of potential risks. These are usually stated in fine print on product labels or in long disclaimers during pharmaceutical ads on TV. But when a company fails to provide clear and adequate warnings about foreseeable risks, users who suffer injuries have the right to bring a failure to warn claim.

Manufacturers must warn about any foreseeable dangers associated with the intended use or reasonably foreseeable misuse of their products. A simple "be careful" is not enough. Warnings must be clear and specific. For example, a warning on a power tool should not just say "danger," but specify the risk of "severe hand injury from blade contact" and instruct on using safety guards.

Warnings also must be conspicuous. They should be placed directly on the product, on the packaging, or in the instruction manual. They must be easy to find and understand. For complex products like prescription drugs, the "learned intermediary doctrine" often applies, meaning the manufacturer's duty is to warn the prescribing doctor, who then has the responsibility to inform the patient.

Here are examples of injuries from inadequate warnings:

• Pharmaceuticals — A medication is sold without a warning that it causes severe drowsiness, leading a user to have a car accident after taking it.

• Power equipment — A chainsaw is sold without a clear warning about the risk of "kickback" and instructions on how to hold the tool to prevent it, causing a severe facial injury.

• Children's products — A toy with small, detachable parts that pose a choking hazard is sold without a prominent age warning (e.g., "Warning — Not for children under 3 years.").

A plaintiff alleging failure to warn also must prove that the inadequate warning was the direct and proximate cause of their injury. This means that they would have read and heeded an adequate warning if one had been provided. 

Finally, a plaintiff must demonstrate they suffered actual harm, such as medical expenses, lost wages or pain and suffering, as a result of the injury.

If you are hurt from using a product, seek medical attention immediately and keep medical records and bills. Preserve the product, its packaging and instructions. Then speak with a personal injury attorney with experience in product liability, who can evaluate your case and guide you through making a claim. 

The attorneys of Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden or East Haven represent Connecticut victims of product-related injuries, helping them get the financial reimbursement they deserve. Call 203-745-0942 or contact us online to arrange a free confidential consultation.