What are examples of failure to warn or instruct claims?
Minneapolis personal injury lawyer Bill Sieben provides examples of failure to warn or instruct claims.
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Those cases are – the failure to warn cases are – can be either before or at the time a sale
is made where a manufacturer knows something is wrong with the product, or knows that
the product, if used the way it’s supposed to be used can cause an injury. So they have to
warn you that this can happen unless you do something else, unless you protect yourself.
So then there are failure to warn cases where a manufacturer learns about a problem with
a product after they’ve put it on the market. They realize that people are getting hurt with
their product, so we have to warn the public that we have this problem with our product.
So there is a before sale duty to warn of what a manufacturer knows or should have
known, and there is an after sale duty on the part of a manufacturer to warn about
problems that they learn of after their product has gone onto the market.