What is a warning defense?

A warning defense, in the context of California’s Dangerous Products Law, is an argument manufacturers or distributors may make in order to avoid liability for a dangerous product. This type of defense argues that the plaintiff had sufficient knowledge of the product’s potential danger through warnings or instructions provided by the manufacturer or distributor. The defense may also state that any harm that occurred was due to misuse of the product and/or failure to heed the warnings. In the state of California, a warning defense may be successful if one of the following conditions is met: (1) The instructions or warnings given by the manufacturer or distributor were substantial and clear; (2) The product was only dangerous when not used as intended; (3) The warnings given by the manufacturer or distributor were substantial enough that a reasonable person would have taken precautionary measures if they had read and followed the warnings; and (4) There was no possible way for the manufacturer or distributor to make the product safer without significantly impacting the product’s utility. When it comes to a warning defense in California, it must be shown that the danger of the product was known or should have been known at the time the product was sold. This means that the manufacturer or distributor must have given appropriate and reasonable warnings about a foreseeable risk associated with the product. If they have not done so, they may be held liable for any injuries that occur.

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