What is a “failure to warn” defense to a product liability claim?

A "failure to warn" defense to a product liability claim is used in California when an individual is injured due to a dangerous product and holds a manufacturer liable for said injury. Essentially, the manufacturer may be able to defend themselves from being held liable by arguing that an adequate warning was never given to the public regarding the potential risks of the product. The "failure to warn" defense is based on the idea that the manufacturer had a duty to warn potential consumers of the potential risks associated with using the product, and if they failed to do so, then they can be held liable for any harm caused. For example, if a consumer was injured from a product due to not being adequately warned about its potential dangers, the consumer could then file a lawsuit against the manufacturer for failing to warn them. In order for a manufacturer to successfully use the "failure to warn" defense, they must be able to demonstrate that they provided an adequate warning to the public regarding the potential risks of the product. This could be done by providing documentation of the warning that was given, such as an advertisement or a label on the product itself. Ultimately, the "failure to warn" defense can be a powerful tool in defending a manufacturer from product liability claims in California. However, if the manufacturer fails to provide the necessary documentation or evidence, they can be held liable for any harm caused by their product.

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What is a “failure to warn” defense to a product liability claim?

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