Failure to warn can arise in numerous types of personal injury cases, including premises liability, product liability, and medical malpractice. Suffering an injury due to someone else’s negligence is a traumatizing experience, but understanding the ways in which Connecticut’s laws are intended to help and protect you can provide insight into your options after a failure to warn injury.
Our attorneys at D’Amico & Pettinicchi, LLC, have been trusted advocates for injured clients for over 100 combined years. Our Connecticut failure to warn lawyer handles premises liability cases and product liability cases involving failure to warn, and those issues are described in more detail below.
In Connecticut, there are three classifications that someone who enters a property may be placed in: licensees, invitees, and trespassers. Property owners have a responsibility to keep their premises reasonably safe, which includes repairing or replacing hazardous conditions. Property owners also have a duty to warn licensees and invitees of known hazards on the property. They must notify members of these two groups of dangerous conditions and the potential risks they present. Property owners are not required to warn trespassers of dangerous hidden conditions on their property.
If you have been injured due to inadequate warnings about hazardous conditions on someone else’s property, a Connecticut failure to warn attorney can help determine your legal options and whether you may be entitled to compensation.
Failure to warn is a factor in premises liability cases, but it is product liability that has the most clearly defined element of failure to warn.
Product liability is perhaps the most common type of personal injury case involving the failure to warn. There are three types of product defects that lead to lawsuits from injuries, and they are design defects, manufacturing defects, and marketing defects.
Failure to warn falls into the category of marketing defects. Connecticut’s product liability laws state that a claim can be brought for injury, death, or property damage caused by the warnings, instructions, or labeling of a product and that claims can include failure to warn or instruct, whether negligent or innocent. A Connecticut failure to warn attorney can assess your case and determine whether a product manufacturer failed to provide adequate warnings, leading to your injury.
Product liability cases involving different types of merchandise or goods are often handled very differently from one another. For example, a claim involving medication would have slightly different procedures than a claim involving food items. Many medications must include warning labels, such as a boxed warning or black box label. Additionally, the Food and Drug Administration (FDA) requires that food labels include the food source of the allergens used to make the food item, and this warning must be included at least once on the label. Failure to warn of potential allergens contained in a food item or the risks of taking a medication could lead to serious injury and even death.
If you were injured due to someone else’s failure to warn you of risks or dangers, you deserve skilled legal representation to help you navigate your injury claim. The attorneys at D’Amico & Pettinicchi, LLC, have the experience, dedication, and compassion you need when facing painful physical injuries and mounting medical bills.
Our clients gain valuable peace of mind knowing that their claims are in capable and caring hands. Contact us today to schedule a free in-person or virtual consultation with a Connecticut failure to warn lawyer.
