We have already discussed that it is possible for a consumer to use a product other than for its intended purpose, exposing one to dangers outside the initial considerations of the manufacturer.

Having said this, the easiest way for the manufacturer to limit the company’s liability for misuses of the product is to provide instructions regarding the proper use of the product. As well, it is advisable to warn to the consumer about any potential harm that the manufacturer has already identified as common risks, which any consumer might be exposed to.

The Restatement of Torts considers a product defective if the producer fails to warn consumers of a foreseeable harm, which one may be exposed to by using the product. The rational of this provision is to transform a non-evident risk into a visible danger for the consumer, reducing the probability that the product will harm the everyday user.

How do you know when you need to place a warning on your product? Every time that an instruction or warning can prevent or reduce harm to the consumer, one should place readable instructions on the product. This is most advisable if the failure to include such an instruction or warning would result in an unreasonably unsafe product.

When is a manufacturer potentially liable for omitting instructions and warnings? Every time that an ordinary consumer harms oneself using a product in a reasonable or ordinary way, and such harm is a direct consequence of insufficient instructions or warnings, the manufacturer will possibly be held liable for this omission.

What is an ordinary consumer? According to the §402A of the Restatements of Products Liability, an ordinary consumer is the person who is most likely to buy the product, who has only common knowledge and has characteristics that are shared by one’s community.

This law may seem complicated, but in layperson’s terms, the act emphasizes that an ordinary consumer is not sophisticated or a specialist on the consumption of the product. One has average knowledge that any person may have on the subject, and the manufacturer should consider this assumption when choosing which warnings to include on a product. For instance, consider a drill. The instructions should not expect a construction expert as a consumer because such a worker will qualify as a sophisticated consumer, not as an ordinary consumer.

Who has the responsibility to implement warnings? The manufacturer of the product itself has the responsibility to warn consumers of potential harm, but other players do as well. For instance, the manufacturer of parts of the product must comply with this obligation, giving notice of any known dangers that are in the components they produce.

Finally, the sellers have to warn consumers every time that such an occurrence is reasonable or necessary. This obligation is based on the fact that the sellers, although proportionally low on the totem pole, have the opportunity to inspect the product just before they hand it over the consumer.