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Proof and Defense of Causation in Failure-to-Warn Claims
Failure-to-warn is alleged in nearly every product liability lawsuit. Often, the claim is added to an action based primarily on defective design or manufacture. Occasionally, failure-to-warn will be the only claim. The failure-to-warn claim is frequently dismissed by the plaintiff or the court before or during trial.
In litigating failure-to-warn claims, the focus often is on duty (whether the manufacturer should have included a warning) and adequacy issues. In most cases, there is little attention paid to proof that the lack of a warning, or an inadequate warning, caused the accident. This article focuses on strategies for proving and defending the causation element of failure-to-warn.
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