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**shemadagaswer** · 09-21-2007, 09:16 AM

I was curious about the manufacturer's duty to warn, and found this in American Law Reports:

"A duty to warn does not exist as to all product-connected dangers, in all situations. As has already been noted, there is no duty to warn of a danger (or, stated more accurately, it is not negligence to fail to warn of a danger) of which the manufacturer or seller has no actual or constructive knowledge,[FN16] and, because the duty to warn has its genesis in a condition of danger, there is no such duty as respects a product which is, as a matter of fact, not dangerous.[FN17]

It is also clear that there is no duty resting upon a manufacturer or seller to warn of a product-connected danger which is obvious,[FN18] or of which the person who claims to be entitled to warning knows,[FN19] should know,[FN1] or should, in using the product, discover.[FN2]" I can't see the plaintiff winning this one, but you can't always tell. And, of course, ALR isn't the Supreme Court.

09-21-2007, 09:16 AM	#7
shemadagaswer Join Date Oct 2005 Posts 464 Senior Member	I was curious about the manufacturer's duty to warn, and found this in American Law Reports: "A duty to warn does not exist as to all product-connected dangers, in all situations. As has already been noted, there is no duty to warn of a danger (or, stated more accurately, it is not negligence to fail to warn of a danger) of which the manufacturer or seller has no actual or constructive knowledge,[FN16] and, because the duty to warn has its genesis in a condition of danger, there is no such duty as respects a product which is, as a matter of fact, not dangerous.[FN17] It is also clear that there is no duty resting upon a manufacturer or seller to warn of a product-connected danger which is obvious,[FN18] or of which the person who claims to be entitled to warning knows,[FN19] should know,[FN1] or should, in using the product, discover.[FN2]" I can't see the plaintiff winning this one, but you can't always tell. And, of course, ALR isn't the Supreme Court.
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