What Kind of A Warning Must Be Given

The warning must be appropriate implicit in the duty to warn is the duty to warn with a degree of intensity that would cause a reasonable man to exercise for his own safety the caution commensurate with the potential danger. From this it follows that the likelihood of an accident taking place and the seriousness of the consequences are always pertinent matters to be considered with respect to the duty to provide a sufficient warning label, and that there is a particular need for a sufficient warning where there is a representation that the product in question is not dangerous.  

The case law in this area dramatically illustrates a manufacturer s vulnerability to after-the-fact assessments by comrts and juries. Since plaintiffs do not intentionally harm themselves, it may be relatively easy for a court or jury to identify some aspect of a communication which, had it been present, could have alerted the plaintiff to danger. 

A prudent manufacturer will look at all of the potential commimication methods he has at his disposal in developing a hazard communication system for his product the message content, label size, print size, format, coloring, and placement, and instructions for use of the product and for remedies from improper use. It is a sad irony when a company develops a great expertise and spends enormous sums of money on advertising communications for its product and then is held liable for inadequate communication of the risks involved in using the product. 

The warning must precisely fit the risk. Suppose a company manufactures a solvent which is used to clean machinery. It sells it in fifty-five gallon drums 

An explosion occurred when a 2,000 degree welding arc was used in the environment of fumes. The defendant, of course, tried to argue that the plaintiff was careless and foolhardy to have proceeded with the welding, but the issue of the plaintiffs conduct was sent to the jury. 

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