Duty To Warn

In civil law, the duty to warn is a responsibility held by a party to warn a person of certain dangers of which the person may be unaware. This duty arises because the person is somehow involved in the danger's cause, be it a product or recreational activity. Commonly, the duty to warn becomes important in personal injury cases when an injury results from a dangerous activity. If one party had a duty to warn, but failed to warn the injured person, they may be considered liable for the injuries sustained. In this way, the duty to warn is linked with the concept of assumption of risk — whereby a person has been made aware of dangers and then, either expressly or implied, assumes their risk. If a party has indeed fulfilled their duty to warn, it can often be said that the injured person assumed the risks of the activity. Common situations in which a party has a duty to warn is in providing dangerous recreation activities and dangerous products.

Fast Facts

  • Drivers can be said to have a duty to warn if they cause an obstruction on the highway
  • The duty to warn is often achieved through the signing of a waiver

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