Question
There are four key areas of product liability law: (1) a defect in the product from manufacturing; (2) the manufacturer failed to warn the consumer
There are four key areas of product liability law: (1) a defect in the product from manufacturing; (2) the manufacturer failed to warn the consumer of risks of use or known hazards in certain uses of the product; (3) the product had a design defect in it that could have been avoided; and the product resulted in latent injuries that may not become known for years.
One of the most controversial of these is the "failure to warn" type of suit.A failure to warn suit involves a manufacturer's failure to warn consumers of dangers in the use of a product, or to instruct consumers about proper procedures in suing a product.The consumer/plaintiff is not alleging that there was a defect in the design or manufacturing of the product itself.
Suits of this KIND why you might see warnings on a chainsaw that it might cut you or on a curling iron that it gets hot and it might burn you.
Should suits of this type be allowed?After all, a plaintiff in this type of suit is not claiming that there was something wrong with the product itself.The inverse of this is shouldn't a manufacture be held liable for not instructing the consumer on how to properly use the product?
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