What is “warning label negligence”?
Warning label negligence is a concept found within the area of products liability law in Washington. It occurs when a product is sold or distributed without a proper warning label that would provide notice to the consumer of potential hazards or risks of harm associated with the product. Warning label negligence occurs when a manufacturer, seller, or distributor fails to warn the consumer of potential dangers and/or risks associated with the product they are selling. For example, if a consumer buys a lawnmower without being warned of the potential danger of being cut by the blades, the consumer may be able to make a claim of warning label negligence against the manufacturer or seller of the lawnmower. The consumer will need to prove that the manufacturer or seller of the lawnmower knew, or should have known, of the potential dangers and yet chose not to include a warning label or disclose the information to the consumer. If successful, the consumer may be able to recover damages from the manufacturer or seller for any physical, mental, or emotional harm caused by their failure to provide the proper warning label. It is important for manufacturers, sellers, and distributors to ensure that their products are properly labeled with warnings of potential risks so as to help protect the consumer from any potential harm.
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