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

A “failure to warn” defect is a type of defect that is common among defective products cases in California. This type of defect occurs when a product’s manufacturer fails to include a warning label on a product or fails to adequately warn of potential dangers associated with the product. If a product without a warning caused an injury to a consumer, the manufacturer could be held liable for any resulting damages. When a manufacturer fails to provide a warning, it can be assumed that the manufacturer knew or should have known about the product hazard and failed to provide this information to the consumer. California’s defective products law states that a product must be accompanied by adequate warning or instruction for safe use of the product depending on the product’s type and the likelihood of harm in the course of using it. If a warning is not provided, the manufacturer may be held liable for the resulting damages. In a defective products case, a failure to warn defect means that the manufacturer has not provided relevant information that would reasonably protect a consumer from harm. In this case, the injured party must prove that the lack of a warning was the cause of the injury, and that the warning could have prevented the injury. If the plaintiff successfully proves this, the manufacturer can be held liable for damages.

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