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

A “failure to warn” defect in a defective products case refers to a situation in which a manufacturer failed to provide adequate warnings or instructions to warn of potential risks or harm associated with the product. In Indiana, manufacturers have a legal duty to warn of any potential dangers or risks that may result from using the product in the manner in which it was intended. In many cases, the manufacturer will try to argue that the consumer should have known of any possible risks associated with the product and that it isn’t their fault the consumer wasn’t aware. However, in nearly all cases, the Indiana Supreme Court has held that under the state’s defective products law, the manufacturer must provide reasonable warning of any potential risk or harm that may arise from using the product in the manner it was intended. A failure to warn defect could involve situations in which a manufacturer didn’t provide adequate warnings or instructions for the proper use of the product or to warn of potential risks. In many cases, a defective products case will be successful if the plaintiff can prove that the manufacturer’s failure to warn of a potential risk or harm led to their injury.

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

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