A product is defective when a manufacturer fails to include adequate instructions on how to safely use their product or does not place warnings of the dangerous characteristics of its product. This is referred to as a failure to warn.
Continue to read and learn more about failure to warn (product liability) injury claims and lawsuits.
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failure to warn | Strict Liability
A manufacturer may be held strictly liable for failing to supply directions or warnings where reasonably required to prevent the use of the product from causing injury (or death). The warnings must be appropriate and conspicuous.
failure to warn | Rational
The purpose of requiring adequate warnings is to inform consumers about a product’s hazards and faults of which they are unaware so that the consumer may either refrains from using the product altogether or avoid its dangers by careful use.
failure to warn | Elements
To establish a claim of strict liability based on a failure to warn, the injured party must establish all of the following:
- That the defendant manufactured (distributed, sold, etc.) the product;
- That the product had potential risks that were known (or knowable in light of the knowledge that was generally accepted at the time) by the manufacturer;
- That the potential risks presented a substantial danger when the product was used (or misused) in an intended (or reasonably foreseeable way);
- That the ordinary consumer would not have recognized the potential risks of harm (or death);
- That the defendant failed to adequately warn (or instruct) of the potential risks of harm (or death);
- That the plaintiff was harmed (or killed); and
- That the lack of sufficient instructions or warnings was a substantial factor in causing the victim’s harm (or death).
failure to warn | Adequacy of Warnings
There are two kids of warnings:
- Instructions to the consumer on how a product should be used; and
- Information to the consumer of the foreseeable risks that may follow intended (or reasonably intended) uses of the product.
Whether a particular set of warnings is adequate under the circumstances is ordinarily a question of fact to be determined by a jury.
Ordaz Law, APC | failure to warn
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a product defect, personal injury lawyer in San Diego County. We help victims suffering from a variety of injuries who have sustained their injuries through the use of different consumer products that have been placed into the “stream of commerce” by manufacturers, distributors and retailers.
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Blog: Personal Injury
Sources and Useful Links:
CACI 1205. Strict Liability – failure to warn