Can a product be defective by virtue of the manufacturers failure to properly warn of the products dangers or hazards?
A. Yes. However, the duty to warn is not predicated upon defects in its manufacture. A product may be manufactured or assembled in a defect-free condition but a duty to warn may exist. A manufacturer’s duty to warn purchasers and expected users of its product refers to latent dangers in the normal and intended use of the product. The duty to warn is dependent upon the manufacturer’s superior knowledge as to the foreseeable dangers to one with less knowledge and once the warning is given it must be complete and adequate.
