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

A “failure to warn” defect is a form of defective product liability that occurs when a manufacturer fails to provide adequate warning about the risks and dangers associated with a product. This form of liability applies to any product that poses risks beyond those that a consumer would reasonably expect given the product’s nature. For example, if a product contains an ingredient that carries the potential of severe allergic reactions but the manufacturer fails to make a clear warning about this potential danger, then they may be liable for damages incurred by the consumer as a result. In New York, failure to warn defects are generally analyzed using a consumer expectation standard. This means that manufacturers must provide warnings about any risks posed by their products that are not obvious to the average consumer. If a manufacturer fails to do this, they can be held liable for any damages or injuries that occur as a result. It is important to note that manufacturers may also be liable if they provide a warning, but it is incomplete, misleading, or otherwise insufficient for a consumer to use the product safely. The burden of proving a failure to warn defect in a defective product case in New York usually falls on the injured party. This means they must demonstrate that the manufacturer’s failure to warn was the cause of their injuries, and that a reasonable warning would have prevented their harm. If the injured party is successful, then the manufacturer may be liable for damages.

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

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