Warning Label Lawsuits for Accident Victims in Illinois and Indiana
After any catastrophic or deadly accident in Illinois or Indiana, learning why the tragedy has happened is extremely important for a number of reasons. There can be investigations by both local law enforcement and agency safety regulators to determine the cause of the tragedy. Police reports, for instance, will detail things as soon as possible from the actual scene of the injury. The result may be that criminal charges are filed. Discovered regulatory safety violations may follow with fines and penalties.
There will likely be several independent inquiries, too. Company investigators for the employer, the car maker, the store, etc.; as well as their insurance adjusters and legal defense teams will all be actively involved with building their own reports. Their focus will be on limiting liability.
And there may be accident reconstruction experts working with those advocating on behalf of the accident victims and their loved ones who will form their own written findings and opinions. The goal here will be to determine the legal rights and remedies available under the law to the victims, and to confirm all with responsibility under the law to recompense for the suffering caused by the accident.
More than one cause may be found for why someone suffered permanent harm or died in an accident on the road; on the job; at school or in the course of their daily life while shopping, traveling, or completing a home repair or DIY project. More than one party may be legally liable.
Critical to all investigators is learning if a product or good was involved in what occurred. Why ask this question? Because when injuries are determined to involve a product or good, then consideration must be made regarding legal duties to warn and if a breach in the duty to warn has resulted in someone dying in a preventable accident.
And this has to include a detailed analysis of the item’s warning label as it existed at the time of the accident.
For more, read Warning Labels and Warning Signs: Liability After an Accident and Warning Labels: Danger of Serious Injury or Death in Accidents Involving Products.
Inadequate Warning Labels: Basis for Personal Injury Claims in Illinois and Indiana
As a general rule, everyone who uses a dangerous product or hazardous good is legally owed a warning by its manufacturer. This “duty to warn” may also be placed under state or federal law upon others, as well, such as developers, designers, shippers, distributors, sellers, repair and maintenance companies, employers, etc.
When must there be a warning? Generally speaking, this duty to warn applies to things that are: (1) dangerous or hazardous; (2) having a danger or hazard known or that should be known; (3) the danger or hazard involves its expected use; and (4) the danger or hazard is not blatantly obvious to someone who is using it.
Warning labels are a very popular way to meet this duty to warn. Warning labels are placed on all sorts of things in today’s marketplace. They have become part of our daily lives, at home, work, or school.
However, just slapping a label on something that has the power to maim or kill is not enough. Legally, warning labels must do more.
Warning labels on goods and products have to do two things properly: (1) they must give an adequate warning of the risk(s); and (2) they must instruct the user on how to safety use the item to avoid getting hurt.
After a fatal or debilitating accident, if the independent investigation by the victim’s advocates (or other investigators) confirms that the warning label fails in either one of these two mandatory communications, then there can be a legal claim for damages based upon the inadequate warning label itself.
- Product liability claims can be filed against the manufacturer, distributor, and others in the chain of sale.
- Premises liability claims may be filed against the property owner, landlord, etc.
- Negligence claims may be filed against the employer, contractor, etc. for their failure to act with reasonable care in doing things like making sure the good or product had an adequate label on it before it was used by the worker, client, customer, etc.
For more, read Scalding Burns, Surgery, Scarring: Hot Coffee Injuries Exemplify Importance of Adequate Warning Labels.
Adequate Warning Label: Legal Determination Under Illinois or Indiana Law
Each case must be given its own unique considerations and respect. The particular warning label must be evaluated as it existed at the time of the accident. Whether or not it failed to be “adequate” under the law must be carefully considered by the incident facts as well as consideration of the law that applies in the case.
What is an adequate warning label will not be the same in different parts of the country. Warning label laws vary between Illinois, Indiana, and the federal jurisdiction of certain claims (like some drug warning labels, for instance). See, e.g., the Indiana Products Liability Act (IPLA) (Ind. Code § 34-20-1-1).
Legal research and analysis must be undertaken to apply the appropriate legal requirements for warning label adequacy to the incident facts and the warning label on the product or good that caused the harm.
Advocates, after an investigation of the facts and an analysis of the warning label’s inadequacies under the appropriate law, will be able to argue that the lack of an adequate warning label resulted in the product or good being unreasonably risky and dangerous.
The argument will be that the accident victim was not properly warned by the warning label as it existed at the time of the event, so as to avoid being hurt or killed in the accident.
Warning Label Expert Analysis for Inadequate Warnings in Injury Claims
Experts in communication, and specifically the effectiveness of written communications on warning labels and their conformity to existing safety regulations or industrial standards, will be needed. These experts will understand the nuances and how the warning label in question has failed to meet established standards or regulatory minimums.
They will provide opinions in writing, and may testify in court, on things like:
- The warning label did not give enough information (for instance, is there guidance on how to test to make sure it is working properly?);
- The language on the warning label was not easy to read because of things like the font style or type size;
- The language on the warning label was difficult to understand for the reading level of the intended user;
- The language on the warning label was not in the language that the user could read;
- The language of the warning label was confusing or ambiguous (what does “handle with care” mean for this good or product? An explanation was needed for this type of good);
- No signal word was used on the warning label (words like “danger” are important as easily understood warnings to users);
- The warning label was placed in such a way that it was easily overseen (warning labels should be obvious to the user); or
- There was a failure to give multiple warnings for known, independent dangers on the warning label of the good or product.
Warning Labels and Accidents: Damage Claims
As for seeking legal avenues for justice after an accident involving a failing warning label on a product or good, the available monetary damages will depend upon the parties who are sued and the legal bases for the claims. Product liability claims against a manufacturer will allow for different damages than a wrongful death claim against an employer under a state workers’ compensation statutory scheme.
An aggressive and complicated action will be needed in these matters. Defense lawyers will be looking to find detailed arguments against the challenges to each aspect of the defective warning label. There will be experts arguing with experts on tiny details like a specific word’s font or the size of a graphic image.
Accident victims also need to be ready for a defense argument that warning labels, standing alone, are not enough to justify personal injury claims against defendants where substantial sums are at issue.
However, warning label lawsuits are legitimate claims. Warning labels have been confirmed to help keep people safe. See, e.g., Wogalter, Michael S., Christopher B. Mayhorn, and Kenneth R. Laughery Sr. “Warnings and hazard communications.” Handbook of human factors and ergonomics (2021): 644-667, citing the landmark study that compiled numerous research studies on warnings and the avoiding of accidents in Cox III, Eli P., et al. “Do product warnings increase safe behavior? A meta-analysis.” Journal of Public Policy & Marketing 16.2 (1997): 195-204.
For more on available damages, read:
- Work Accident in Illinois or Indiana: Workers Compensation Claim vs. Personal Injury Damages
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana
- Pain Awareness: Claims to Cover an Accident Victim’s Pain Damages.
After a serious accident in Illinois or Indiana, it is vital for the accident victim and their loved ones to consider whether or not an inadequate warning label may have contributed to the incident and its aftermath. Warning labels should not be dismissed or discounted for their role in keeping people safe from harm when dangerous or hazardous goods or products can hurt or kill. Please be careful out there!
