On The Theory Of The United States Warns Of Defects In The Product Liability Law

In this article, the theory of failure-to-warn or instruct under product liability law in U.S.A was discussed companied by relevant cases. The first part is used to introduce the definition of warn or instruct and to analysis the circumstance under which a product is deemed to be in the state of failure to warn. In the second part, the basic duty and post sale duty to warn was discussed. The standard used to see whether a warning or instruction is adequate was discussed in the third part. The manufacturer-seller, manufacturer of component and non-manufacturer seller has different duty to warn and instruct owing to the different position they located in chain of distribution, this was studied in the fourth part of this article. In the fifth part, this article is to discuss the standard of liability in action sued on the basis of failure to warn or instruct. How to prove the causation link between the inadequate warnings or instructions and the harm suffered by the plaintiff was discussed in the sixth part. The defenses that can be used by the defendant in the failure-to-warn claims is one of the most important thing to be studied in a product liability thesis and this was discussed in the seventh part of this article. The question of damages of failure-to-warn was simply introduced in last part. In the end of this article, the author concluded the theory of failure-to-warn under product liability law in the U.S.A and hope this would do something to throw the light on the theory and practice of product liability law in our country.