Product Liability Marketing Defects: Holding Companies Accountable

Mar 30, 2018 — by Gary Zucker
Tags: Product Liability Personal Injury

Breaking a promiseWhen it comes to defective products and injures caused by them, we tend to think about these injuries occurring as a result of poor design or issues with manufacturing. While many product defects are the result of design and manufacturing problems, it’s also important to acknowledge the role of marketing in these kinds of cases. The product liability lawyers at our Brooklyn, NY law firm have helped countless clients who were misled or misinformed by irresponsible advertising for a product.

Let’s take a moment to consider how issues with marketing and advertising can result in consumer injuries. We’ll then go over some of your legal rights and options in case you require the assistance of a product liability attorney.

Issues Related to Marketing

Marketing problems are not related to the product per se. Rather, a marketing issue often relates to how advertising depicts the safe use of said product. This can be interpreted in a number of ways, but the essential matter to consider is this: the marketing for a product makes it seem safe for consumer use as depicted.

When there is a major difference between the marketing and the reality of a product’s safety, this could be ground for a product liability lawsuit.

Failure to Warn

Failure to warn refers to the failure of the product’s marketing to warn of potential hazards. The most famous example of this is the tobacco industry. For decades, cigarette companies did not warn consumers of the health risks related to smoking, such as lung cancer, heart disease, and respiratory illness.

Misleading Ads

Misleading ads are another potential cause of injury. In these cases, the marketing for a product may make it seem safe to use in certain situations, yet there are hazards involved in using the product as depicted. If an electronic device is shown being used while in the pool, yet it actually poses a risk of electrocution when exposed to water, this misleading ad could be grounds for a lawsuit.

False Claims About a Product

It’s always important that advertisers be honest and upfront about what a product can do. False or misleading claims about a product could result in consumers using it in a manner that is not intended. If a pharmaceutical is marketed as a health supplement or superfood yet using it winds up being detrimental to a person’s health, the company needs to be held accountable for the injuries caused.

How Our Lawyers Can Help You

Product liability lawsuits can be quite complicated, especially in these cases involving marketing and advertising companies rather than designers and manufacturers. Having an experienced attorney on your side is essential for a strong case.

Our lawyers will look at the marketing for a given product and demonstrate why the party responsible for the advertisements and any marketing materials needs to be held accountable for their negligent actions. We will seek damages to cover medical expenses, lost wages, and other losses associated with your injury.

Learn More About Product Liability Lawsuits

For more information about your legal rights and options when it comes to product liability lawsuits, be sure to contact our team of product liability lawyers. The attorneys of Gary A. Zucker & Associates are here to help you in your time of legal need.

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