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Products Liability: An Overview of Negligent Marketing

In addition to negligent manufacturing and negligent design, there is negligent marketing or marketing defects. When a manufacturer fails to follow guidelines regarding the information that should be provided to the consumer, there are possible grounds for arguing negligent marketing.

In this article, we'll look at what constitutes a marketing defect, look at the failure to warn, examine a couple examples, and let you know why you should think of giving Grossman Law Offices a call regarding your case.


Questions Answered on This Page:

  • What is negligent marketing?
  • What exactly is a marketing defect?
  • How does a negligent marketing products liability case work?

Defining Marketing Defects

We're used to seeing disclaimers on the sides of boxes, side effects listed when you buy medicine, instructions included with a new appliance. What happens when these things aren't present, or there isn't enough information provided? Marketing defects are generally seen when there is a failure to warn the consumer of certain dangers. These include the following:

  1. the failure to warn of dangers or risks of harm
  2. the failure to adequately warn of dangers or risks of harm
  3. the failure to provide instructions for the safe use of a product
  4. the failure to adequately provide instructions for the safe use of a product

Simply put, the manufacturer must warn of danger, provide adequate warn of possible dangers, provides instructions to use the product safely, and make sure those instructions are adequate directions for the consumer. Generally speaking, a warning is required in four instances:

  • a risk of danger is inherent in the design of a product
  • there are foreseeable dangers or risks of harm from unintended uses of the product;
  • the risks or dangers affect only a limited number of users susceptible to a danger in the product, and
  • the use of unsafe products is unavoidable.

In the state of Texas, the manufacturer's duty is limited to inherent or foreseeable dangers that are known, or should be known.

Examples of this Type of Defect

Let's say you've purchased a mandolin for slicing vegetables. You open the box, pull a few pieces out, but there are no instructions. You think to yourself, "I'm a smart person, I think I can figure this out."

Unfortunately, instructions would've told you that one of the pieces you disregarded was provided in order to protect your fingers from coming into contact with the blades. You run a zucchini quickly across the mandolin which proceeds to slice not only the vegetable but your hand as well. This would be a failure to provide instructions.

Maybe you purchased a new over-the-counter pain medication that boasts working more quickly on tension headaches than what you typically use. However, this medication also demonstrated severe side effects during testing, which was conveniently not mentioned anywhere in the packaging.

Or the drug company found out that this specific pain medication causes severe side effects when taken in conjunction with oral contraception, but that information is not made available to the consumer. These would both be examples of failure to warn of danger or risks of harm.

Call Grossman Law Offices

An experienced attorney can help you to maneuver the complex world of product liability. At Grossman Law Offices, we have over 25 years of experience handling cases like yours. We've won thousands of personal injury claims, and we know this area of the law well. If you have questions about your claim, or someone you read here, we're happy to speak with you.

You can give us a call at (855) 326-0000 at any time. We have experienced attorneys ready to speak with you 24/7. We don't charge you a dime unless we win your case for you, so give us a call.


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