Legal Terms Explained: What Is Failure to Warn When It Comes to Product Liability?

Product Liability

Liability failure to warn or Liability duty to warn is the legal term is a legal term under Tort law, whereby the product manufacturer, product seller, or product distributors are liable for the injuries that have been caused by their products. All product liability cases are normally decided based on the theory of negligence which is regarded a behavior resulting in an unintentional injury. Most states have extended the ordinary product liability law into strict liability torts whereby a product manufacturer, distributor or seller of the product is held liable for involvement in actions that are inherently dangerous-They will be liable fully or in part no matter how carefully they try to perform such actions.

How to pursue a product liability claim.

Product liability claims can be based upon several factors, it could be as a result of defects in the design of a product, defect in the manufacturing process, and failure to warn the users of the products. If you have suffered injuries as a result of the negligent act through manufacturing defects, product design defects or Failure to warn about defects, the best decision you can make is to contact a product defect liability attorney. These defect lawyers can handle the three main bases for product liability claims.

Categories of product liability claims

Manufacturing defects occur in the manufacturing process of a product and in most cases, poor quality manufacturing materials are used or shoddy workmanship might have taken place. A product liability attorney can help you prepare your claim under this category.

Design defects of products occur when a product design has become inherently dangerous and has become defective, no matter how carefully it is concealed. This defect can be demonstrated by showing proof that the product fails to satisfy consumer’s expectations based on what the product claims to provide or the risks of the products have outweighed its benefits. Please contact a product liability to prepare your claims under this product liability category.

The failure to warn defects occur in products that inherently carry non-obvious dangers (such as visible dangers), that could become mitigated especially through adequate warnings to the consumers. These inherent dangers will remain in the product regardless of how well the manufacturer has concealed them, and even when the products were meant for good intentions. Contact a product liability attorney is the surest way to prepare your claims for compensation, under this product defect category.


In all states, these categories are grounds for the negligent actions. Even if a manufacturer, distributor or seller of a product appears not to be careless in any of the three forms of product liability situations, an attorney may advice that you proceed on your claims based on strict liability which is the imposition of liability on a product manufacturer, seller or distributor, based on the fact that the product puts the life of claimant at risk despite all actions and care taken to prevent such risks. Product liability claims can be very complex and there is no way an individual can handle such without the help of an attorney.