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Fort Lauderdale Personal Injury Attorneys > Blog > Personal Injury > “Failure To Warn” Product Liability Cases

“Failure To Warn” Product Liability Cases

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When we purchase a product, whether it is a hair dryer, a food item, a tool, or a piece of clothing, we trust that those products will work safely and as advertised. Unfortunately, not all companies use the care that they should when designing and manufacturing their products, leaving consumers at risk of sustaining serious injuries. In these cases, injured victims can file a product liability claim against the manufacturer for defective design, a defect in production, or even a failure to warn.

Failing to Warn Consumers

When they put products on the market, manufacturers are required to ensure that those products are safe by working carefully on the design, overseeing production, and conducting adequate testing. Another important part of this process is ensuring that a product is properly labeled, meaning that consumers know not only what the product is for, but the dangers associated with using it. A company that fails to fulfill this obligation can be sued for failing to warn consumers of not only known risks, but also the potential dangers of using the product.

Failure to Warn Claims

Under Florida law, someone who was injured by a consumer product doesn’t necessarily need to prove negligence in order to obtain damages. Instead, that person must demonstrate that although a product did not contain any physical flaws, its manufacturer didn’t provide adequate warnings or instructions on how to safely use it, and he or she was injured because of the undisclosed risk. Even if a manufacturer did include a warning, it may still not be able to avoid liability if the warning was placed somewhere on the packaging where a consumer was unlikely to see it. A warning should also be in language that a typical consumer would be able to understand.

Non-obvious Risks

It’s important to note that manufacturers can’t usually be held liable for injuries caused by an obvious risk. A knife, for instance, probably doesn’t require a warning that it is sharp, as this is precisely the reason why a person buys such a product. If, however, an ordinary person wouldn’t be able to recognize the risk, a manufacturer should include a warning. An electrical appliance, for instance, should have a warning regarding the risk of electrocution when used near water. Furthermore, a manufacturer won’t be able to escape liability just because it didn’t know about the risk for which it failed to provide a warning. All a plaintiff needs to prove in order to recover is that the manufacturer reasonably should have known about the risk through testing and development.

Contact a Florida Personal Injury Lawyer

We place a lot of trust in companies that manufacture consumer products to properly design, test, and label their products. Unfortunately, many companies don’t deserve this trust and put products out on the market that are dangerous to users. It is, however, possible, to hold these companies accountable for their negligence, so if you were hurt by a consumer product, don’t hesitate to call the dedicated Florida personal injury lawyers at Boone & Davis for help. You can set up a free consultation by calling our office at 954-566-9919 today.

Sources:

nytimes.com/2021/03/18/business/peloton-tread-death.html

flsenate.gov/Laws/Statutes/2012/768.81

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