What is a failure to warn claim?

A failure to warn claim is a type of legal claim in which a person holds a product manufacturer, distributor, or retailer responsible for a product-related injury or death because the product was not properly labeled with appropriate warnings or instructions regarding the product’s use. In California, laws related to product liability and a manufacturer’s duty to warn consumers of the potential risks associated with a product are regulated by California Civil Code sections 1714 and 1715. Under these statutes, a product manufacturer must provide adequate warnings and instructions which are essential to guarding the product users against risks that are known or foreseeable. If a manufacturer fails to provide proper warnings or instructions, they can be held liable for any injuries or deaths caused by their product. For a successful failure to warn claim, the product must be “unreasonably dangerous,” meaning that the injury or death was caused by a product flaw or danger which the manufacturer should have known about and adequately warned consumers about. The plaintiff must also be able to prove that the failure to warn was the actual cause of the injury or death. In California, failure to warn claims are often brought against negligent manufacturers who fail to provide warnings or instructions about the proper use of their product. If successful, the court may award damages to the plaintiff in the form of compensation for medical expenses, pain and suffering, and other losses.

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What is a failure to warn claim?

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