Legal Definitions - warning

In legal terms, a warning refers to the act of bringing attention to a potential danger, especially to someone who might not otherwise be aware of it. It serves to inform individuals about risks they could encounter, allowing them to take precautions or avoid the hazard altogether.

• Example 1: A sign posted at the entrance of a public hiking trail reads, "Warning: Steep Cliffs Ahead – Stay on Path." This sign serves as a warning by alerting hikers to the inherent danger of the terrain, which they might not realize until it's too late, and advises them on how to mitigate the risk.

• Example 2: A bottle of household bleach has a label stating, "Warning: Do Not Mix with Ammonia." This provides a warning to the user about a specific chemical reaction that could create dangerous fumes, a hazard they might not be aware of without the explicit instruction.

• Example 3: Before a controlled demolition of an old building, authorities issue a public announcement: "Warning: Loud Blasts and Falling Debris Expected in Downtown Area." This warns residents and businesses in the vicinity about the impending dangers and disruptions, allowing them to prepare or evacuate.

An adequate warning is a warning that effectively communicates a potential hazard to an average user of a product or visitor to a location. To be considered adequate, a warning typically needs to include several key elements:

1. It must clearly state that a significant hazard exists.
2. It should describe the nature of that hazard.
3. It must explain the possible consequences if the hazard is not avoided.
4. It should provide clear instructions on how to avoid the hazard.

Additionally, an adequate warning must be prominently displayed and easily noticeable, sometimes incorporating symbols or pictographs to enhance understanding.

• Example 1: A new lawnmower includes a label on its engine housing that states: "DANGER: Rotating Blades. Contact with blades can cause severe lacerations or amputation. Always ensure the engine is off and blades have stopped before clearing discharge chute or performing maintenance. Keep hands and feet away from the mower deck while operating."

  This is an adequate warning because it clearly identifies the severe hazard ("Rotating Blades"), describes its nature and consequences ("severe lacerations or amputation"), and provides specific instructions on how to avoid it ("ensure the engine is off," "keep hands and feet away").

• Example 2: A bottle of prescription medication has a label that reads: "WARNING: May Cause Drowsiness. Do not operate heavy machinery or drive a vehicle until you know how this medication affects you. Alcohol may intensify this effect."

  This constitutes an adequate warning by highlighting the hazard ("May Cause Drowsiness"), explaining its potential consequences (impaired ability to operate machinery or drive), and giving clear instructions to avoid these consequences (do not operate machinery/drive, avoid alcohol).

• Example 3: A public swimming pool has a sign at the shallow end: "CAUTION: Shallow Water. Diving or jumping headfirst may result in serious head, neck, or spinal injuries, including paralysis. Always enter feet first."

  This is an adequate warning as it prominently states the hazard ("Shallow Water"), describes the severe consequences of ignoring it ("serious head, neck, or spinal injuries, including paralysis"), and provides a clear instruction to avoid the danger ("Always enter feet first").