An Elucidation And Specific Research On The Identification Standard Of Product Defect Warning

Product defect often causes personal injury and property damage of consumer in recent years. The reason caused these accidents is not the product itself, but lack of proper warnings and instructions about product risk and safety use. The identification of product warning defects is the premise of the responsibility that the product manufacturer takes. There is no definite provision about identification standard of product warning defect in relevant law, so it is of great value to set and specific research on identification standard of product defect warning.Our law has not yet made a clear division of product defects. Clause 46 in Products Quality Law provides the identification standard of product defect, including legal standard and unreasonable risk standard. Lacking of identification standard of product warning defect in our law, so some courts take it for granted that standard of product defects is applicable to product warning defects in judicial practice. Because identification standards of product defect have certain limitation and irrationality, it will lead to the confusion of the judicial practice if court applies the identification standard of product warning to warning defect litigation.For identification standard of product warning defects, foreign countries have developed their own standards, and many scholars in our countries also have put forward their own opinions about the identification standard of product warning defects. This paper refers to identification standard of foreign countries and the theories of scholars,combining with our legal system to set our identification standard which the consumer expectation standard is the basic standard and the legal standard is the auxiliary standard.The warning defect is divided into the failure to provide warning and warning is not enough. On the case of failure to provide warning, we can confirm product warning defect after apply above standard. But in the case of warning producer provided is not enough to damage personal and property of consumer, we need research the consideration factor of consumer's expectation standard to identify adequacy of product warning, that is to say,to research warning content, object, method, time and necessity of warning.After establish the identification standard of product warning defect, In the face of warning defect allegations of plaintiff, court generally analyze from two aspects. The first is whether the relevant warning is comprehensive enough and the second is whether the relevant warning is valid. The comprehensive and valid warning can be specifically studied from two factors, which are the product risk level and the source of product defects.