What is failure to warn in product liability cases?
Product manufacturers have a responsibility to include appropriate warnings that will keep consumers from sustaining harm while using their product. If a manufacturer fails to warn consumers about a known danger, victims who sustain injuries can hold the manufacturer liable for damages.
Manufacturer's Responsibility to Create Safe ProductsManufacturers of consumer products owe their customers a duty of care to produce safe products and include appropriate warnings and instructions for their use.
Failure to Warn About Known DangersIf a manufacturer fails to include appropriate warnings for the use of its product, a victim who sustains injury can hold the manufacturer liable for a failure to warn. A failure to warn can fall into two categories: failing to include a warning at all, or failing to place the warning in an area that is easy to read before product use.
Forming the Foundation of a Failure to Warn Product Liability CaseIn order to hold a product manufacturer liable and receive compensation for damages caused by a failure to warn, you must prove that the manufacturer was negligent and that this negligence led to your injuries.
In a failure to warn case, you must be able to show that the manufacturer knew (or should have known) of the hazard, that the risk was not obvious to a consumer, e.g., it would not be obvious that a motorized car will burst into flames if you leave it on a charger overnight, and that the manufacturer should have placed a visible warning on the product.
Preserving Evidence in a Product Liability CaseIn a failure to warn product liability case, you need to make sure you preserve all of the pieces of the dangerous product as evidence. This includes all packaging, inserts, and instruction papers as well as the parts of the product itself. You must be able to demonstrate that you used the product in a reasonable manner, and that you did not alter it in any substantial way that could have caused the accident.