What is a “failure to warn” claim?

A “failure to warn” claim is a type of products liability claim that can be made in the state of South Carolina. This type of claim is based on the notion that a manufacturer or seller of a product should have warned a consumer of potential dangers associated with the product. The potential danger may include misuse of the product, or a certain hazard or risk that is associated with the product. Depending on the product, a manufacturer may have a duty to warn consumers of potential dangers or risks of harm when they use the product. This can include warnings on the product label, in the instructions for using the product, or warnings that come with the product. When a consumer is injured due to the failure of the manufacturer or seller to warn of potential dangers associated with the product, they can bring a claim for products liability, or “failure to warn” claim. The consumer must prove that the manufacturer knew or should have known about the potential danger of the product, and would have warned the consumer about it if they had. If the consumer is successful in their claim, they may be able to recover damages, such as medical expenses, lost wages, pain and suffering, and other costs related to the injury. Also, if the consumer can prove that the injury was caused due to the manufacturer’s negligence or deliberately withholding knowledge of the potential danger, then they may be awarded punitive damages as well.

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What is a “failure to warn” claim?

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