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

A “failure to warn” defect is a type of defect that occurs when a manufacturer fails to provide adequate warning regarding the potential risks of a product, potentially causing harm to the user. This type of defect is very important in defective products cases, as it is a crucial factor in establishing responsibility for a product’s defect. Generally, in California’s defective products law, if a manufacturer does not provide a warning for a product that contains an inherent risk of harm, the product may be considered a defective product. The manufacturer will be responsible for any injuries or damages caused by the product’s failure to warn. For instance, a manufacturer may not include a warning about a product’s extreme temperatures or sharp edges. In this case, the user has no way to know these risks beforehand and may suffer an injury or damage as a result of the product’s hidden dangers. In a defective products case, the courts will consider both the product’s design and its failure to provide a warning when determining responsibility. A court will likely find that a product defect is due to a manufacturer’s failure to warn when the product contains a hidden risk that can only be known by including a warning label. That is why it is so important that manufacturers provide adequate warning labels on their products so that buyers can make safe and informed decisions.

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

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