What is a “failure to warn” defect in a defective products case?

A “failure to warn” is a type of defect that can be argued in a defective products case in Arkansas. This defect occurs when a manufacturer does not provide adequate warnings about a product’s potential risks and dangers and therefore fails to protect consumers from harm. This type of defect can happen with any type of product, from clothing to food to electronics. For example, let’s say a clothing manufacturer does not provide any warning about a product’s potential risk of chafing. If a customer uses the product and suffers a chafing injury as a result of not being warned, then the manufacturer may be held liable for a “failure to warn” defect. In Arkansas, the legal definition of a product defect includes “failure to provide adequate warnings of a product’s potential hazards that are known or should be known to the seller by reasonable risk/benefit analysis.” This means that manufacturers must be aware of the potential risks of their products and warn consumers of those risks in order to be held liable for a “failure to warn” defect. When a “failure to warn” defect is present in a case, the injured person may be awarded damages in a defective products case. These damages may come in the form of medical bills, lost wages, pain and suffering, and other costs associated with the injury.

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What is a “failure to warn” defect in a defective products case?

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