Restatement (Second) of Torts · Section § 388
Section 388 addresses the liability of providers of chattels for harm resulting from their use, emphasizing the duty to warn users of known dangers.
Source: Restatement Restatement (Second) of Torts § § 388
One who supplies a chattel for the use of another is subject to liability for physical harm to those whom he should expect to use the chattel or to be endangered by its intended use, if he negligently fails to inform them of its dangerous condition or to make it safe.
If someone provides a product or service for someone else to use, they can be held liable for any harm that results if they fail to inform the user of potential dangers or do not make the product safe. This section emphasizes the duty of care owed by the provider to the end user.
A supplier can be liable even if they did not directly manufacture the chattel.
The duty to warn extends to the foreseeable users of the chattel, not just the immediate recipient.
Illustration 1
A manufacturer of a power tool fails to provide a warning about a defect that could cause injury; the user gets hurt and may sue the manufacturer.
Illustration 2
A construction company rents scaffolding without warning about its instability; a worker using the scaffolding is injured and can hold the company liable.
The court applied § 388 to hold the defendant liable for failure to warn about the dangers of a chattel.
Case where the court referenced § 388 in discussing the duties of suppliers to warn of defects.
This section is crucial in product liability cases, as it establishes the duty to warn users about potential hazards associated with the use of products. Lawyers often invoke § 388 in lawsuits against manufacturers and suppliers to demonstrate negligence in safeguarding against foreseeable harm.