Most people assume that if a product malfunctions or breaks, the company behind it is automatically liable. But sometimes, the real issue isn’t how the product works—it’s what the company failed to tell you about it. When manufacturers, retailers, or distributors neglect to provide proper warnings about risks, side effects, or dangers, consumers can suffer serious injuries.
This is what’s known as a “failure to warn” case, a type of product liability claim. It doesn’t just apply to heavy machinery or industrial tools. Everyday items like medication, cleaning supplies, electronics, and even food products can be subject to legal action if someone is harmed because the proper warnings weren’t in place.
In this article, we’ll break down what a failure to warn case involves, when it might apply, and how you can seek legal recourse if you’ve been injured as a result.
What Is a Failure to Warn Lawsuit?
A failure to warn claim is a legal argument that a company had a duty to warn consumers about non-obvious dangers associated with the normal use of a product—and failed to do so.
Manufacturers and sellers are not expected to warn against every possible risk. But they are responsible for warning about dangers they know (or should know) about, especially if those dangers aren’t obvious or if there’s a safer way to use the product.
Common Examples of Failure to Warn
Failure to warn claims arise in a variety of industries and products, including:
- Prescription medications that don’t include adequate side effect information
- Power tools or machinery lacking clear safety instructions
- Cleaning products missing labels about harmful fumes or skin irritation
- Children’s toys without age-appropriate warnings or choking hazard labels
- Food products that don’t disclose allergens
- Electronics with risks of fire, shock, or overheating that weren’t disclosed
In each case, the consumer used the product as intended—or in a reasonably foreseeable way—and suffered harm because a key warning or instruction was missing.
Legal Elements of a Failure to Warn Claim
To succeed in a failure to warn case, your legal team must generally prove the following:
1. The Product Was Dangerous Without a Warning
There must be a real risk associated with the product that wasn’t obvious to a typical user.
2. The Manufacturer Knew or Should Have Known About the Risk
This could involve prior incidents, internal testing, customer complaints, or expert analysis.
3. A Reasonable Warning Could Have Prevented the Injury
If a label or instruction could have helped you avoid injury, the manufacturer may be liable.
4. The Lack of Warning Was the Direct Cause of the Injury
You’ll need to show that the injury occurred because the warning was missing—not for unrelated reasons.
Are There Federal or State Laws That Apply?
Yes. The U.S. Consumer Product Safety Commission (CPSC) sets guidelines and recalls for unsafe consumer goods. For medications and medical devices, the Food and Drug Administration (FDA) requires labeling to include risks and side effects.
Many states also have their own product liability laws. These laws often follow a “strict liability” rule, meaning a company can be held liable for injuries caused by its product, even if it didn’t act negligently—as long as the product was sold in an unsafe condition.
What Damages Can You Claim?
If your failure to warn case is successful, you may be eligible for compensation that covers:
- Medical expenses
- Lost wages
- Pain and suffering
- Future medical care or rehabilitation
- Permanent disability or disfigurement
In some cases, punitive damages may also apply if the company’s conduct was especially reckless—such as intentionally hiding risks from the public.
What to Do If You Think You Have a Case
If you were injured by a product and believe there was inadequate warning or instruction, here are a few steps to take:
- Keep the product, packaging, and instructions. Don’t throw anything away.
- Take photos of the injury and the product.
- Get medical attention and follow up on all treatment.
- Avoid speaking with the insurance company that represents the manufacturer, especially without legal advice.
- Consult a product liability lawyer to review your case.
Even if you’re not sure whether the warning was adequate, a lawyer can help you understand your rights and whether a lawsuit makes sense.
Call Brandon J. Broderick For Legal Help
Product manufacturers have a responsibility to protect consumers—not just through safe design, but also through clear and honest communication. If a company failed to warn you about a danger and you got hurt, you may be entitled to compensation.
At Brandon J. Broderick, Attorney at Law, we help injured individuals hold negligent companies accountable. If you think you have a failure to warn claim, contact us today for a free consultation. We’ll go over the details of your case, explain your options, and help you move forward with confidence.