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How does a failure to warn case work?

On Behalf of | May 15, 2021 | dangerous and defective products

Defective product claims will fall into three categories. One of those is the failure to warn.

According to FindLaw, failure to warn is when the manufacturer does not include proper instructions on the potential dangers of a product.

The exception

Not including a warning for an injury you sustain is not enough to bring this type of claim against a manufacturer. You will have to prove that the maker of the product knew of the potential and was negligent in not providing a warning.

This helps to protect against claims for products not used properly or for unexpected situations that occur from using a product. If the manufacturer had no way to know such an incident could occur, it is not liable under this claim.

In addition, the manufacturer does not have to provide warnings for potential hazards that are obvious. For example, if the product is matches, it is clear they are a fire hazard. You could not bring a case against a match manufacturer if you caught your house on fire when using the match because you should have known of the fire risk.

Additional information

The manufacturer does have some level of liability to properly test products to discover possible hazards. If in your case, the manufacturer failed to carry out all required testing, then this could give you the chance to make your claim.

You should note that failure to warning rules apply differently to prescription drugs. All defective product laws apply differently to this category of products.

When making a failure to warn claim, you have the burden of proof and need to show negligence on the part of the manufacturer.

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