​A failure to warn also referred to as a defect in warnings means a product may still be considered dangerous even if there was no design flaw and it was manufactured properly because of inadequate instructions or warnings when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings. In other words, a failure to warn claim, does not claim any physical defect exist with the product. Instead, a failure to warn claim asserts the defendant manufacturer did not supply adequate warnings or instructions on how to use the product safely, and the plaintiff was injured due to the failure to disclose the risk.
A manufacturer has two related duties when creating warning labels and instructions. First, the manufacturer is required to warn users of hidden dangers that may be present in a consumer product; and second, the manufacturer must instruct users how to use a product so that the users can avoid any dangers and use the product safely.