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Failure to warn of dangers is a type of products liability. This is a marketing defect. Defects in marketing occur when improper instructions are given and there is failure to warn the consumer of inherent dangers in the use of the product. This is when proper instructions or warnings that could have been reduced or eliminated the risk of harm are omitted. The manufacturer has a duty to warn the consumer of any dangers inherent in the use of the product as well as supply proper instructions in the use of the product. Where significant dangers are entailed by ordinary use the warnings must be detailed enough to give the consumer a full indication of the specific dangers involved in using the product. The warning must be prominent and clearly communicate the dangers involved. Warnings should be given of the possible dangers, the likelihood of the dangers occurring, the seriousness of the consequences, and steps to be taken to avoid or minimize the consequences. In the case that these warnings are omitted or do not convey the risks clearly then the manufacturer may be liable. The store or seller may also be liable if they have not taken proper steps to check the safety of the product. In case of injury due to a marketing defect it is best to contact a good products liability lawyer as soon as possible. The evidence must be gathered and secured as soon as possible to avoid any alteration or the product disappearing. Damages recoverable in a product defect case will depend on time lost on work, damage to property, pain, and suffering. A successful case will entitle the injured to compensatory damages and punitive damages may also be given. Depending on the merit of the case the lawyer may take the case on full contingency i.e. he will receive money only if the client wins the case and receives a settlement or the lawyer may bill for the preparation and trial of the case. The requirements of a successful products liability claim vary from state to state. Products liability is mainly derived from Torts law but found mainly in common law (judge or state-made law). Torts are civil wrongs recognized by law as grounds for a lawsuit. Products liability falls under strict liability torts. IF YOU OR SOMEONE YOU KNOW HAS BEEN SERIOUSLY INJURED, YOU NEED THE LAW FIRM OF BOURGAULT & HARDING CALL 800.880.1438 Copyright 2006 - All Rights Reserved Bourgault & Harding, A Law Firm 1100 East Bridger Ave, Las Vegas, NV 89101 tel 702.384.8023 fax 702.384.5731 Nevada Failure To Warn Of Dangers Attorneys Disclaimer: The Las Vegas Auto Accidents, and Big-Rig Accidents, Motorcycle Accidents, Bicycle Accidents, Airplane Accidents, Bus & Train Accidents, Pedestrian Accidents, Boating & Watercraft Accidents, Swimming Pool Accidents, Amusement Park Accidents, Construction Site Accidents, Drunk Driver Accidents, Defective Roads Accidents, Wrongful Death, Spinal Cord Injury, Traumatic Brain Injury, Burn Injury, Animal Attacks/Dog Bite, Slip and Fall Accidents, Premises Liability, Dangerous Drugs Litigation, Defective Medical Devices, Medical Malpractice, Legal Malpractice, Product Liability, Toxic Substances in Nevada. Please contact a Nevada Personal Injury Lawyer, Las Vegas Personal Injury Attorney. This web site is not intended to solicit clients for matters outside of the state of Nevada. ©2006 The Law Offices of Bourgault & Harding. Las Vegas, Nevada Personal Injury Lawyers, serving the communities of: Las Vegas, Clark County Nevada. 
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