What is a failure to warn claim?

A failure to warn claim is a type of legal action that is brought against a manufacturer or seller of a product that was not properly labeled with a warning of the potential hazards associated with using the product. This type of claim is considered a form of negligence and is usually seen in cases of dangerous products. In the state of Utah, a person who suffers an injury or death due to a dangerous product can make a failure to warn claim against the manufacturer or seller of the product. This type of claim typically requires the injured party to prove that the product was not properly labeled with a warning of the potential risks, and that the lack of a warning was a substantial factor in causing the injury or death. If the injured party is successful in the claim, the manufacturer or seller may be required to pay damages for the injuries or death that were caused by the product. These damages can include medical expenses, loss of wages, pain and suffering, and in some cases, compensation for emotional distress or other types of losses. It is important to note that a failure to warn claim does not require the injured party to prove that the product was defective or that the manufacturer or seller was negligent in any way, only that a warning should have been included and that the lack of a warning was a substantial factor in causing the injury or death.

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