What is a warning defect?

A warning defect is a legal flaw in the design or manufacture of a hazardous product that results in the lack of an adequate warning about the potential dangers that may result from its use. This type of defect is one of several components to a dangerous products claim. In New Hampshire, a warning defect is defined as a warning or instruction given by a manufacturer or seller that, when given, would have alerted the consumer of the potential danger. In order for a warning defect claim to be successful in New Hampshire, certain elements must be proven by the plaintiff, including that the warning given by the manufacturer or seller was inadequate, the product was being used as intended, the product was in the same condition when it was acquired by the plaintiff, the product had a defect that could have been reasonably discovered by the manufacturer or seller, and that the injury or property damage occurred as a result of the warning defect. Additionally, the plaintiff must show that they suffered an injury or harm as a result of the defective product in order for the claim to be successful. In many cases, the success of a warning defect claim in New Hampshire depends on the evidence presented by the plaintiff in court. Expert witnesses are often called upon to testify to the safety standards that should have been observed and any dangerous aspects of the product that were not properly communicated to the consumer. The claimant must also establish that the warning given was inadequate or nonexistent. The claimant must also provide evidence that the injury or property damage occurred as a result of the warning defect.

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