What is a failure to warn claim?

A failure to warn claim is a type of product liability lawsuit in South Carolina. When a dangerous product is produced and sold without a warning, consumers can make a claim that the manufacturer was negligent in failing to warn them of potential dangers associated with the product. In South Carolina, a plaintiff must prove that the product was sold and used in a foreseeable manner, and that the product was “inherently dangerous,” meaning that the danger was obvious, including any hidden risks. In addition, the plaintiff must prove that the defendant knew or should have known of the risk but failed to issue a warning. The plaintiff must also show that they relied on the defendant’s lack of a warning, and that they suffered injury or damages as a result. In a failure to warn claim, the plaintiff is attempting to show that the defendant had an obligation to warn consumers of any dangerous qualities of the product, and that they neglected to do so. In general, the plaintiff will seek to prove that the product would have been safer if a warning had been provided, and that they would not have suffered injury or damages if the warning had been made.

Related FAQs

What types of injury can be caused by a defective product?
What are the defenses to a negligence product liability claim?
What is a breach of warranty?
Who can be held liable in a product liability case?
What are the types of defenses that may be raised by the defendant in a products liability claim?
What is the difference between a manufacturer’s defect and a design defect?
What is a class-action lawsuit?
What is a “comparative negligence” defense to a product liability claim?
What is “strict liability”?
What are the components of a product liability warning label?

What is a failure to warn claim?

Related FAQs

Related Blog Posts