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

A “failure to warn” defense to a product liability claim in New York is a defense used by the defendant in a product liability lawsuit where the defendant argues that the product was safe as long as it was used as intended, and the user of the product was aware of any risks associated with the product. It is based on the idea that the manufacturer has a duty to warn consumers of any potential risks associated with the product, and if they fail to do so, then they should be held liable for any resulting harm or injury to a consumer. In New York, failure to warn is considered an affirmative defense, which means that the burden of proof is on the defendant to prove that they did warn the consumer. The court will examine the product and any warning labels or instructions that came with it to determine if the manufacturer failed to provide the necessary warnings. If the defendant is able to prove that they did provide the warnings, then the plaintiff’s product liability claim will be dismissed. Furthermore, in New York, the law requires that the defendant warn of “latent defects,” which are risks or dangers that are not immediately apparent to a consumer. If these latent defects are not warned of, then the plaintiff may be able to successfully make a product liability claim against the manufacturer. Ultimately, the failure to warn defense is a way for the defendant to avoid liability for product liability claims by proving that they provided the user with all necessary warnings.

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

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