Products Liability:

Failure to Warn

A product liability lawsuit can arise if injury or damages result because the consumer is not adequately warned about the potential dangers of the product. The product would be considered defective because foreseeable dangers associated with the product could have been prevented or reduced had there been clear and reasonable instructions/warnings. It is the duty of the manufacturer to warn consumers of all hidden dangers a product may have, as well as to provide instructions for proper and safe use of the product. Warnings and instructions must be clear and precise, and should also be placed where they can be easily seen. Symbols and foreign languages are often used now to protect non-English speakers and children from the potentially dangerous products. An obvious example would be an over-the-counter drug that did not list potentially dangerous interactions with other medications.