What Does “Failure to Warn” Mean in a Product Liability Case?
When manufacturers fail to warn the public about foreseeable dangers with their products, they may be liable for any injuries suffered. Distributors and retailers can also be liable for injuries if they do not provide warnings on a product, especially warnings regarding predictable injuries.
Failure to Warn in Product Liability Cases
Product liability rules apply to most states. Under the product liability laws, a company is held liable for all product defects unless they acted responsibly to rectify the situation.
Not providing adequate warning labels on a product is considered a defect; therefore, the manufacturer or any company selling those products may be liable.
But, there is a common dispute with this rule as sometimes there is an assumed risk. For example, a box of matches obviously starts a fire; therefore, the manufacturer shouldn’t have to include a statement or warning label that this is what will occur.
Failure to Warn and Manufacturer Negligence
To prove negligence, you must prove that the company had a duty of care to you, as a consumer, and they ignored that duty. Their failure to act is what essentially caused your injuries.
Also, it must be proven that the injury was obvious that a warning sign was necessary. If you were injured where you knew the possibility of injury, such as burning yourself with a match, then that may not apply in a product liability case.
Understanding Intended Use and the Prediction of Misuse
The courts will also need to decide if the risk of an individual potentially misusing the product and becoming injured is or isn’t obvious. If they see a potential misuse and injury because of it, then the manufacturer should either redesign the product to avoid such injury or put a warning label on the product regarding what happens if it is used improperly.
The Warning Must be Seen
Some manufacturers have warnings on their products, but they are impossible to identify, such as placing them in the middle of a long manual or writing them in complex language so that the average person cannot understand what they are reading.
If the warning label is not easy to read or find, then the manufacturer can still be held liable for your injuries, regardless of whether or not there was a label.
Injured by a Product? You Need a Product Liability Attorney
Proving liability with defective products isn’t easy. You need the assistance of a skilled Florida products liability attorney to prove your case and seek compensation for your injuries.
Visit https://glotzerlaw.com and Meet with the attorneys at Glotzer & Kobren today for a free consultation and we can tell you right away if you have a viable product liability case.