Failure To Warn

Although product liability claims often arise as the result of defects with the product itself, including both manufacturing defects and design defects, consumers can suffer injuries and damages when a product fails to warn consumers about potential dangers associated with the product.Also known as marketing defects, failures to provide adequate warnings can subject consumers to serious dangers that could have been prevented had a manufacturer, retailer or other responsible entity taken reasonable measures to alert consumers. Failures to warn can occur in the following ways:

• Failure to provide adequate instructions on the safe and proper use of the product
• Failure to warn consumers about potential dangers
• Failure to warn consumers about risks associated with the use of the product

Failures to warn can make well-designed and manufactured products potentially dangerous. In addition to failing to warn consumers, manufacturers and / or retailers can also create dangers through other marketing defects.

Overstating the benefits of a product, making false or misleading claims, and other similar marketing defects can lure consumers into using product for which they do not fully understand the risks. Although there are a variety of situations and circumstances in which marketing defects can arise, it must generally be proven that the damages a consumer suffers could have been prevented or mitigated had adequate warnings been provided.