What is a “failure to warn” claim?
A “failure to warn” claim is a type of product liability claim that can be brought in Washington. It is a legal claim against the maker of a product when that product injures someone due to lack of proper warning labels. Put simply, when the manufacturer of a product fails to warn consumers of potential risks associated with the product, they may be held liable for any injuries that result. This type of claim is based on the manufacturer’s obligation to make sure their product has the proper warnings. To be successful, the injured individual must prove that the manufacturer knew or should have known about the risk, and that they failed to include an appropriate warning on the product or its accompanying packaging. In Washington, the law requires manufacturers to provide adequate warnings so that consumers can make an informed decision about the use of their product. Without such warnings, a consumer may be unaware of serious risks and be injured as a result. A “failure to warn” claim in Washington allows injured consumers to seek financial compensation for any harm that results from a manufacturer’s failure to warn. This type of claim also serves to hold manufacturers accountable and act as a deterrent to similar negligent behavior in the future.
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