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Duty to Warn

The duty to warn is a duty that exists in a number of situations in the law of torts. Basically, it holds that a party will be held liable for any injuries that are caused to a person if the party being held liable was given the opportunity to warn the now injured person of a hazard and failed to do so, resulting in the injuries.

The most common instance of a duty to warn is that of a property owner. Property owners have a duty to warn individuals on their property of various hazards, depending on what status the guest has on the property. Trespassers, whether they are anticipated or discovered, have to be informed of any deadly conditions that exist on the property that are known to the property owner but which the trespasser would be otherwise unaware of.

At the other end of the spectrum of warning are licensees. Licensees have to be made aware of all of the known hazards of the property, regardless of whether the hazards are deadly or otherwise. Invitees are in the middle as they must be made aware of all of the dangers on the property that can be found by the property owner during a reasonable inspection of the property. If the property owner fails to warn the class of person of a hazard that resulted in injuries, he or she will be held liable for the injuries.

Manufacturers of goods are also subject to a duty to warn. Under product liability law, a manufacturer is held strictly liable for any injuries caused by the hazards that come part and parcel with the product. Because of this rule, there are now labels on items that seemingly state the obvious but do much to protect the manufacturers of the country.

Contact a Cincinnati Personal Injury Lawyer

If you have been injured by a product or while on someone else’s property and were not adequately warned of a hazard, contact the Cincinnati personal injury lawyers of Stepleton Dugan, LLC at 513-321-7733.

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Stepleton Dugan, LLC
6071 Montgomery Road
CincinnatiOH 45213
(513) 321-7733
Stepleton Dugan, LLC
6071 Montgomery Road
Cincinnati, OH 45213
(513) 321-7733

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