Q: Is there a rule that product instructions have to be understandable for a layperson?
I read the safety warnings before I was injured but I just looked at them again and I don't think they are very clear.
A:
The traditional products liability law is that a manufacturer
or the supplier of goods or seller has a duty to warn of any
danger from the intended or unintended but reasonably
foreseeable use of its products. This duty extends to those using or
purchasing the product, as well as to those who could reasonably
be expected to be harmed by its use. While there are many ways in
which to warn, warning labels attached to the product is the most practical
method of fulfilling this duty. However, merely warning of
the danger may not be enough. Even where a warning is provided,
a manufacturer may still be liable if the warning is not deemed to
be legally “adequate.” So yes, the warning must be written in such a way that is clear and understandable by the end users.
A: Contact a member of the Illinois Trial Lawyers Association. They give free consults.
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