warning

warning. The pointing out of a danger, esp. to one who would not otherwise be aware of it. • State and federal laws (such as 21 USCA § 825) require warning labels to be placed on potentially dangerous materials, such as drugs and equipment. [Cases: Products Liability 14. C.J.S. Products Liability §§ 25–29.]

adequate warning. A warning that reasonably alerts a product’s average user to a potential hazard, and the nature and extent of the danger. • Four elements have been articulated as comprising an adequate warning: (1) notice that a severe hazard exists, (2) a description of the hazard’s nature, (3) a description of the hazard’s possible conse-quences, and (4) instructions on how to avoid the hazard. In addition, the warning must be prominently displayed, and may have to illustrate the nature and severity of the hazard with pictographs. [Cases: Products Liability 14. C.J.S. Products Liability §§ 25–29.]


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