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

In Washington state, a “failure to warn” defense to a product liability claim is a defense that the manufacturer or seller could use to avoid liability. In a product liability claim, the plaintiff must prove that the defendant was negligent by failing to adequately warn of potential dangers of the product. The argument is that the manufacturer or seller should have provided a warning label to prepare users and consumers for potential risks that the product may cause. The “failure to warn” defense can be used when someone is injured or harmed by a product that they used or handled, even if the product was not inherently dangerous. For example, if a customer was injured when using a power tool and the manufacturer failed to adequately warn them of the potential dangers of using the tool, then the manufacturer could use the “failure to warn” defense. In order for the manufacturer or seller to successfully use the “failure to warn” defense in Washington, they must prove that the risk was not obvious and that the consequences of not warning the consumer were not substantial. Additionally, the defendant must be able to prove that the warning label that was provided was sufficient for the user to understand the risks associated with using the product. The “failure to warn” defense to product liability claims can be difficult to prove. In Washington, if the manufacturer or seller is found liable for a product liability claim due to failure to warn, they may have to pay significant damages to the injured party.

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

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