What is an Inadequate Warning Label?
A manufacturer is in the best position to anticipate potentially dangerous problems with its products. The manufacturer has knowledge about the source of ingredients or parts and the manner in which the product is constructed. A responsible manufacturer has tested the product under varying conditions to learn what might transform an otherwise safe project into a danger.
Therefore, the law imparts upon the manufacturer the duty to caution consumers when:
- The product is dangerous when used as intended;
- The manufacturer is aware of the hazard; and
- The danger would not be obvious to a reasonable consumer.
The warning label must be clear and specific. For example, an over-the-counter drug label might warn of risks to consumers with certain health conditions. A riding lawnmower label might caution consumers about risks of rollover when using the equipment on sloping property. A kitchen appliance label might warn consumers about burn risks. Warnings directed toward children are particularly crucial so parents can protect their children from unseen harm.