Does a failure to warn of dangers inherent in a product constitute a defective product?

California, United States of America


The following excerpt is from Finn v. G. D. Searle & Co., 200 Cal.Rptr. 870, 35 Cal.3d 691, 677 P.2d 1147 (Cal. 1984):

The failure to warn of dangers inherent in a product is often delineated a category of defect separate from manufacturing or design defects. The injured plaintiff does not allege that the manufacture or design of the product was faulty, but that the manufacturer failed to warn of potential dangers in the use of its product. If the injury would have been prevented with proper warnings, the product is deemed defective. (Midgley v. Kresge Co. (1976) 55 Cal.App.3d 67, 71-72, 127 Cal.Rptr. 217 and cases cited therein.)

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