Manufacturer's Duty to Warn

Manufacturers have a legal duty to warn consumers about any potential risks associated with their products. This duty extends not just to the purchasers of the product, but to any foreseeable users who may come into contact with it. Failure to provide adequate warnings can result in liability for the manufacturer if someone is injured as a result.

Common Defenses Used

While failure to warn claims are serious matters, there are several common defenses that manufacturers may use to protect themselves in product liability cases. These defenses include:

• Lack of Foreseeability: One defense that manufacturers often use is that the potential risks associated with the product were not foreseeable. If the risks were not known or knowable at the time the product was manufactured, the manufacturer may not be held liable for failing to warn about them.
• Assumption of Risk: Another defense is that the plaintiff assumed the risk of using the product. If the consumer was aware of the risks associated with the product and chose to use it anyway, they may be found to have assumed the risk and the manufacturer may not be held liable.
• Open and Obvious: Manufacturers may also argue that the risks associated with the product were open and obvious, and therefore did not require explicit warnings. If the dangers were so apparent that any reasonable person would have been aware of them, the manufacturer may not be held liable for failing to provide warnings.

Statistical Information

According to the National Conference of State Legislatures, product liability laws vary by state but generally hold manufacturers responsible for injuries caused by their products. Failure to warn claims are a common type of product liability case, with manufacturers often using defenses such as lack of foreseeability, assumption of risk, and open and obvious risks.

In a study conducted by Law360, failure to warn claims accounted for a significant portion of personal injury cases involving product liability. Manufacturers have a legal duty to warn consumers about potential risks associated with their products, and failing to do so can result in liability if someone is injured as a result of inadequate warnings or instructions.

Failure to warn claims in product liability cases are serious matters that can result in liability for manufacturers if they are found to have not provided adequate warnings to consumers. While there are common defenses that manufacturers may use to protect themselves, it is important for companies to take their duty to warn seriously and provide clear and comprehensive warnings about the risks associated with their products. By doing so, manufacturers can help protect themselves from potential liability and ensure the safety of their consumers.