What is a warning defense?

A warning defense is a legal argument used to defend against a product liability claim in New Hampshire. The defense states that the manufacturer or seller of a product issued a warning about the product’s potential risks, and that consumers failed to abide by the warning. In order to use this defense, the manufacturer or seller must provide evidence that the product was accompanied by a reasonable warning or instruction. In New Hampshire, a successful warning defense relies on the argument that a reasonable warning should have prevented the injury suffered by the plaintiff. The warning must be clear and specific, and the manufacturer or seller must prove that the consumer was aware of the warning or instruction. For example, if the product came with a label that warned of potential risks, the manufacturer or seller must provide evidence that the label was visible and the plaintiff saw the warning. The warning defense is designed to protect manufacturers and sellers from liability when a product is used incorrectly or in an unsafe manner. However, it is not always a successful strategy. If the court finds that the warning was not clear or reasonable, the manufacturer or seller could still be held liable for damages. Similarly, this defense cannot be used if the plaintiff was unaware of the warning or instruction, or if the plaintiff used the product while following the instructions.

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What is a warning defense?

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