Products liability — failure to warn

Rest. 3d Torts: Prod. Liab. §2(c)

The rule

A product is defective because of inadequate instructions or warnings when the foreseeable risks of harm could have been reduced or avoided by reasonable instructions or warnings, and their omission renders the product not reasonably safe. The duty extends to reasonably foreseeable users and foreseeable misuses.

In plain English

Even a well-designed, well-manufactured product can be defective if the seller failed to warn about non-obvious risks. Warnings are not required for open and obvious dangers or for risks unknowable at the time of sale.

The trap

The learned-intermediary rule in prescription-drug cases: manufacturer's duty to warn runs to the prescribing physician, not the patient.

How examiners test it

Consumer injured by a latent risk (chemical interaction, side effect, hidden hazard) with no adequate label. Consider adequacy of warning content, prominence, and language.

Drill this rule until it can't fail you.

Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.