What is a warning label defense?

A warning label defense is when a defendant in a product liability case is able to prove that the consumer was adequately warned of the potential danger associated with the product. This defense typically applies in cases involving dangerous products, such as products that contain hazardous materials, substances, and components. In South Carolina, the law governing product liability is known as the South Carolina Product Liability Act (SCPLA). Under the SCPLA, an injured consumer must demonstrate that a manufacturer or seller of a dangerous product was negligent in failing to warn them of potential safety risks. A warning label defense is a defense for the manufacturer or seller of a dangerous product in which they prove that the consumer was warned of the potential danger associated with the product. To do so, the defendant must prove by a preponderance of the evidence that the warning was reasonable and clearly communicated. The purpose of a warning label defense is for the defendant to limit or avoid liability for damages caused by a dangerous product. For a warning label defense to be successful, the defendant must demonstrate that the consumer was provided with a warning that was accurate, explicit, and plainly stated to alert them of potential dangers associated with the product. If they are successful, the defendant may be able to limit or avoid liability for damages caused by the product, depending on the facts and circumstances of the case.

Related FAQs

What types of products are covered under Dangerous Products Law?
What is an assumption of risk defense?
What is a warning label defense?
What are the components of a product liability warning label?
How can I tell if a product is defective?
When can I file a claim under Dangerous Products Law?
What is a “contributory negligence” defense to a product liability claim?
Are there limits to the amount of damages that I can receive if I win a product liability lawsuit?
What are the steps in filing a product liability claim?
What is the Consumer Product Safety Act?

What is a warning label defense?

Related FAQs

Related Blog Posts