A failure to warn case is a type of product liability lawsuit in which the plaintiff claims that a manufacturer, distributor, or seller failed to provide adequate warnings or instructions about the safe use of the product. Failure to warn is a marketing defect, not a product defect. The product itself is not physically defective, but lacks proper warnings about risks and instructions about safe usage. (Note: For prescription drugs and medical devices, manufacturers and sellers have a duty to warn the prescribing physician, rather than the patient directly. This is known as the learned intermediary doctrine.)
The plaintiff must demonstrate that the manufacturer or seller should have reasonably foreseen the potential risks associated with the product's use or misuse. This involves showing that the risk was known or knowable by the manufacturer/distributor/seller at the time the product was released into the market.
When evaluating product liability claims based on marketing defects, courts consider several factors regarding warning labels:
- Visibility and Clarity: The warning label must be easy to notice and understand. If the warning is buried in fine print or written in complex language, it may not be deemed sufficient.
- Specificity: The warning should be specific about the potential risks and provide clear instructions on how to avoid them. Generic warnings may not be effective in protecting consumers.
- Conspicuousness: The warning label should be placed where users are likely to see it. For example, on a power tool, the label should be on the tool itself, not just on the packaging.
- Consistency with Industry Standards: Manufacturers are expected to adhere to industry standards for warning labels. Failure to meet these standards may be seen as negligence.
- Anticipation of Misuse: Manufacturers should anticipate how consumers might misuse the product and provide warnings accordingly. If misuse is foreseeable and not warned against, it may be considered a failure to warn.
Common defenses against failure to warn claims include arguing that the risk was obvious, that the plaintiff misused the product in an unforeseeable way, or that the plaintiff failed to follow the instructions.
Manufacturers have an ongoing duty to monitor for safety issues and warn about newly discovered risks, even after a product is on the market.
Failure to warn cases are an important aspect of product liability law, ensuring that consumers are properly informed about potential risks associated with products they use. Of course, it is essential for consumers to read and heed warning labels to ensure their safety when using products.
These cases often involve complex medical and scientific concepts, so working with experienced experts is essential. Vident Partners has safety experts (which includes failure to warn) in a wide variety of fields.
