The Duty to Warn and Product Liability Claims

Some products have the potential to be dangerous, and cause serious injuries if they are defective, or simply used incorrectly. Manufacturers have a duty to warn consumers about potential risks that may arise while using their product, and failing to do so can lead to legal liability.

What is the duty to warn?

Manufacturers are in the best position to understand the inherent risks involved in a product. Accordingly, they are expected to provide a reasonable warning to the end consumer that outlines the potential dangers that may arise during regular use. They are also required to provide additional warnings if they discover defects, or learn of a potential danger after the product is purchased.

A warning does not need to include every single risk that might manifest, but should include the most serious possible outcomes, and most common types of dangers. The manufacturer is expected to provide reasonable warning of any risks within their knowledge, or that they ought to be aware of.

What happens if a warning is inadequate?

If a manufacturer fails to properly warn a consumer about a potential risk, and that risk manifests and causes a serious personal injury, the victim may have a legal claim for compensation. In order to succeed, they must show that an adequate warning would have given them the necessary information to take appropriate measures to avoid injury, or that they would have chosen not to use the product at all.

Legal advice about product liability and a manufacturer’s duty to warn

At Jasmine Daya & Co., our product liability lawyers help victims that were injured because they did not receive an adequate warning about the potential dangers inherent in a product.

Failure to warn claims can arise from almost any type of product, from vehicles and machinery to household products, and even medication and medical devices. If you have been injured by a dangerous or defective product, and did not receive a warning about the potential risks, an experienced lawyer can help you determine whether you have a potential claim.

We offer free consultations to new clients.If you have been seriously injured by a defective or dangerous product, speak to one of our knowledgeable lawyers about a legal claim. To make an appointment, contact us online, or by calling 416-967-9100.