Failure to Warn

Pronunciation: FAYL-yer to WORN

Torts › Products Liability

Definition

Product has inadequate instructions or warnings about non-obvious risks. Duty to warn of dangers not obvious to ordinary user. Warning must be adequate - clear, specific, prominent. No duty to warn of obvious or generally known risks. Adequacy judged by whether reasonable user would understand danger and how to avoid it.

Related terms

• Design Defect — Product designed in a way that makes it unreasonably dangerous even when manufactured as intended. Two tests: consumer…
• Manufacturing Defect — Product that departs from its intended design even though all care was exercised. Product differs from manufacturer's specifications…
• Strict Liability — Liability without fault. Defendant is liable regardless of intent or negligence if they engage in certain abnormally dangerous…

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