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Duty To Warn
A duty to warn is a legal obligation to alert another person about a known danger that they are not aware of and that could cause them harm.
What it actually is
This duty commonly arises in cases involving property owners, employers, or professionals who have special knowledge of a risk. It appears when a court determines that the defendant had a relationship with the plaintiff or control over a situation that required them to give a warning. The failure to provide such a warning can be the basis for a negligence claim.
Why it matters in your case
If you are a defendant, proving you gave an adequate warning can defeat a claim that you were negligent. If you are a plaintiff, showing the defendant had a duty to warn and failed to do so is a key element of your case.
The common misunderstanding
Many people think a duty to warn exists in every situation where someone might be hurt, but it only arises when there is a special relationship or control over the hazard. A general duty to be careful is not the same as a specific duty to warn.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.