ABSTRACT
Products liability law is a complex and rapidly evolving area of law. While a products liability lawsuit may be brought under several theories of law, the most common is strict liability in tort, in which the focus is on the product itself and whether it is defective or not. Sellers have a duty to provide reasonably safe products, to provide instructions for the safe use of their products and to warn when a departure from those instructions could create a hazard. Increasingly, plaintiffs are alleging “failure to warn” as a cause of action. This chapter examines how to determine when a warning is needed and how best to convey safety information to a potential user, whether by an on-product label, written instructions, or other means. Sellers also may have a post-sale duty to warn if previously unknown hazards arise. In all situations the best approach is to use a hazard analysis to determine how best to address hazards found.
