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

A “failure to warn” defect is a defect in a product that results from a failure to provide adequate instructions or warnings about how to use the product safely. This defect is distinct from a design defect, which refers to an inherent flaw in the design of the product, or a manufacturing defect, which refers to an error that occurs during the manufacturing process. In Washington, a plaintiff may raise a “failure to warn” defect as a basis for a defective products case. The plaintiff must show that the manufacturer, distributor, or seller of the product failed to provide adequate instructions or warnings about the safe use of the product, which resulted in harm to the plaintiff. Depending on the circumstances, the plaintiff may also be required to demonstrate that the failure to warn was a causal factor in their injury. In order to succeed in a defective products case, the plaintiff must also prove that they used the product in the manner intended and in accordance with the instructions or warnings, or as a reasonable person would have under the same circumstances. In addition, the plaintiff cannot be found to be contributorily negligent. If the plaintiff can establish all of the elements of a “failure to warn” defect, the court may hold the manufacturer, distributor, or seller liable for damages. The damages awarded in a defective products case can include medical costs, lost wages, and pain and suffering.

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

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