{"id":353242,"date":"2016-04-04T10:46:44","date_gmt":"2016-04-04T15:46:44","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/product-liability\/defects-in-warnings.html"},"modified":"2023-11-06T15:58:03","modified_gmt":"2023-11-06T20:58:03","slug":"defects-in-warnings","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/product-liability\/defects-in-warnings.html","title":{"rendered":"Failure To Warn and Dangerous Product Warning Defects"},"content":{"rendered":"\n
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Failure To Warn and Dangerous Product Warning Defects<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Oni Harton, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Products must carry adequate warnings about foreseeable risks, even when properly designed and manufactured. Manufacturers are required to provide clear, visible, and understandable instructions to help consumers use products safely. Failure to warn can result in liability for injuries.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n\n\n\n

When manufacturers market and sell an unsafe product, they owe it to consumers to warn them of any risks. For example, if an appliance gets hot after use, there should be a warning not to touch it.<\/p>\n

A product can be dangerous even if there is no\u00a0design defect<\/a>. The same is true when it comes to manufacturing defects.<\/p>\n

From a legal perspective, a product can be defective if it doesn’t have adequate warnings. If the product poses foreseeable risks of harm, a manufacturer, retailer, wholesaler, or distributor must reduce those risks. They can do this by providing reasonable instructions or warnings.<\/p>\n

If they fail to warn, their product may be deemed unsafe. If the manufacturer releases a product to the public without any instruction, they\u00a0can be found liable for resulting injuries<\/a>.<\/p>\n

This article describes manufacturer liability for failing to warn consumers of known risks. For personalized legal advice, contact a product liability attorney<\/a> near you. An expert attorney can review your situation and recommend next steps.<\/p>\n

The Manufacturer’s Duties<\/h2>\n

Some products are inherently dangerous<\/a>. Even if a consumer uses them properly, there is still a risk of harm. Manufacturers must protect consumers to the best of their ability. In failure to warn cases, the injured party must prove the warning was deficient.<\/p>\n

A manufacturer has two duties when creating warning labels and instructions:<\/p>\n