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Failure-to-warn

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Definition Edit

A failure-to-warn claim requires (1) a duty to warn, (2) a breach of that duty, and (3) injury proximately resulting from the breach.[1]

Overview Edit

Where the danger is open and obvious, there is no duty to warn.[2] "Where only one conclusion can be drawn from the established facts, the issue of whether a risk was open and obvious may be decided by the court as a matter of law."[3] A risk is considered open and obvious when its "dangers are within the body of knowledge common to the community" and "generally known and recognized by the ordinary consumer."[4]

References Edit

  1. Freas v. Prater Constr. Corp., 60 Ohio St.3d 6, 573 N.E.2d 27, 30 (Ohio 1991) (full-text).
  2. Livengood v. ABS Contractors Supply, 126 Ohio App.3d 464, 710 N.E.2d 770, 772 (Ohio Ct. App. 1998) (full-text).
  3. Klauss v. Glassman, 2005 WL 678984 at *3 (Ohio Ct. App. Mar. 24, 2005).
  4. Gawloski v. Miller Brewing Co., 96 Ohio App.3d 160, 644 N.E.2d 731, 733 (Ohio Ct. App. 1994) (full-text).

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