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62.680 Defect Due to Inadequate Warning
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Description
62.680 Defect Due to Inadequate Warning A manufacturer has a duty to give an adequate warning of known or reasonably foreseeable dangers arising from the use of a product. The manufacturer owes this duty to warn to all persons whom the manufacturer should reasonably foresee may use or be affected by the product. A manufacturer's duty to warn may be breached by a. failing to provide an adequate warning of the product's potential dangers or b. failing to adequately communicate to the ultimate user the warning provided. A product, however well or carefully made, that is sold without an adequate warning of such danger may be said to be in a defective condition. If you find by a preponderance of the evidence that the manufacturer did not warn or did not adequately warn when a warning should have been given, then you may find the product to be defective for that reason, and the plaintiff is entitled to recover. O.C.G.A.§51-1-11 Center Chemical Co. v. Parzini, 234 Ga. 868 (1975) Chrysler Corp. v. Batten, 264 Ga. 723 (1994) Wilson Foods Corporation v. Turner, 218 Ga. App. 74 (1995)
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