Haven’t we all, at one time or another, read a label on something and either laughed because the label made no sense, or took greater care because it contained a valid safety warning.
The funniest labels are the ones that mention you should not use a certain product while asleep. How that ever happened in the first place defies logical explanation, but it evidently did happen for it to wind up as a warning on a label. “Labels of course, are on products for the very simple reason that they are designed to protect the company from lawsuits from people who have injured themselves with the product in question,” explained Arkansas super lawyer Michael G. Smith of Little Rock.
While they may be hysterical in their interpretation, labels are intended to warn end users about the potential risks or incorrectly and dangerously using an item. The warnings are there because they need to be. “However having said that, if a product is incorrectly labeled or if the product is defective, that is another story,” outlined Smith.
Here is something that many consumers do not know; the safety rules and regulations relating to products are applicable to new and used (second-hand) items. This may include medicines, household goods, chemicals, motor vehicles and clothing, to name just a few.
“The idea behind the rules and regulations is that the maker of the products is telling the end user (consumer) that their item is safe used under normal conditions and in “unusual but predictable” situations,” commented Arkansas super lawyer Michael G. Smith of Little Rock. When dealing with humans, unusual tends to be a common happenstance. The bottom line is, that if a certain product does not offer a certain safety level, it is classified as defective.
“There is a difference between a product that just doesn’t work and one that is defective, and this is something that needs to be brought up with an attorney,” added Smith. A non-defective product is merely one that may be returned to the store for a refund or replacement. A defective product is determined to be such for a variety of reasons, and some of those reasons include, what the label warns against doing and how the product is handled by the consumer.
No matter what the label says, if there is any chance that a defective product caused personal injury, speak to a defective product attorney, who will assess the case for the potential to file a lawsuit.
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