What is a “defect in labeling” in defective products law?

In Washington, a “defect in labeling” means that a product’s packaging or labeling does not contain information that a reasonable consumer would expect to receive in order to make an informed decision about the product’s safety and suitability for its intended use. Examples of a defect in labeling can include the omission of safety warnings, instructions for proper use, or a product’s ingredients. Defects in labeling can create a serious risk of personal injury and property damage. For example, a lawn mower without proper use instructions or safety warning labels could cause an operator to be injured if they use it in the wrong way. Similarly, a children’s toy that lacks the necessary safety warnings could pose a risk of choking or other physical harm to the user. When there is a defect in labeling, Washington state law provides consumers with a right to sue manufacturers and other entities in the chain of commerce for damages. This means that if a consumer is injured due to a defect in labeling, they may be able to receive compensation for their expenses, including medical bills, and, in some cases, even punitive damages. It is important to remember that a defect in labeling does not necessarily mean that the product itself is defective. For example, if a product works as it was intended to, but does not have the necessary warnings or instructions, it can still be considered defective in labeling and may be subject to a products liability lawsuit.

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What is a “defect in labeling” in defective products law?

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