What Liability Exists If A Product Fails Due To A Known Risk Disclosed By The Manufacturer?

When a product fails due to a known risk that has been disclosed by the manufacturer, liability may be limited, but several factors come into play regarding consumer rights and protections.

Key Considerations

1. Informed Consent:
   • If a manufacturer adequately discloses known risks associated with a product, consumers who choose to use the product may be deemed to have provided informed consent. This can limit the manufacturer’s liability, as consumers are aware of the risks involved.
2. Adequacy of Disclosure:
   • The manner and clarity of the disclosure are crucial. If the warning is unclear, ambiguous, or not prominently displayed, consumers may still hold the manufacturer liable for injuries resulting from the product’s failure.
3. Negligence and Reasonable Safety Standards:
   • Manufacturers are required to adhere to reasonable safety standards. If a product fails despite a known risk but does so due to a defect that should have been addressed (e.g., a safety feature that was known to be faulty), the manufacturer may still be liable.
4. Product Design and Warnings:
   • Even with risk disclosures, if the product design is inherently unsafe or if the warning is insufficient to prevent misuse or injury, liability may still be established.
5. State Laws and Consumer Protections:
   • Some states have stricter consumer protection laws that may allow claims even when risks are disclosed. Consulting with legal counsel can help consumers understand their rights in such situations.

Example

If a manufacturer sells a lawn mower and clearly states in the instructions that it can cause injury if used improperly, but a consumer is injured due to a design flaw that the manufacturer did not address, the manufacturer may still be liable for negligence despite the risk disclosure.