In Florida, those who are injured due to a defective product may be entitled to sue for compensation on the basis that the defendant-manufacturer failed to adequately warn consumers of the unreasonable dangers inherent to use of the product. Such claims are known as “Strict Liability Failure to Warn” claims. Strict liability claims are fundamentally easier to prove than negligence claims, as plaintiffs need not show that the defendant-manufacturer’s failure to warn was negligent — the plaintiff need only show that there was, in fact, a product defect, and that the defendant did not adequately warn of such defect.
Failure to warn claims present unique legal issues, and are therefore worth separate and independent consideration from other product liability claims (i.e., manufacturing defect and design defect). Let’s explore the basics.
Fundamentals of Failure to Warn Liability
According to the Florida Supreme Court, a product is defective when the foreseeable risks of harm from the product could have been prevented with the provision of adequate instructions/warnings. For the plaintiff to succeed in their failure to warn claim, he or she must show that without adequate instructions/warnings, the product is unreasonably dangerous for the intended or foreseeable uses.
This terminology can be a bit overwhelming for those who are unfamiliar with product liability claims, generally. For simplification, consider the following example.
Suppose that you are injured by an automated knife sharpener. You placed the knife into the sharpener at an extreme angle, and as a result, the knife was violently pushed out of position and you suffered severe laceration injuries. There were no warnings on the knife sharpener (or the box in which it was sold) that gave any indication that inserting the knife at such an angle would present a significant injury risk. Further, though there were instructions provided with the box, the instructions did not provide information on the hazard at-issue.
In the above example, Florida law would almost certainly entitle you to sue the manufacturer for compensation on the basis of a failure to warn claim. The insertion of the knife at an extreme angle was a foreseeable use of the sharpener, and the product — without adequate warnings or instruction — was unreasonably dangerous for this foreseeable use.
Adequate Instructions/Warnings
It’s worth noting, also, that simply because the manufacturer has included instructions or warnings does not necessarily mean that such instructions/warnings are adequate. If the warning or instruction does not put the user on reasonable notice of the product’s hazards, then you may still be entitled to sue the manufacturer for damages. What constitutes an “adequate” warning or instruction is a fact-based inquiry that depends on the circumstances of the case. For example, with a complicated electric tool (i.e., a chainsaw), detailed instructions may be necessary to prevent an unreasonable risk of injury. By contrast, a screwdriver might not require the same level of detail in its instructions.
If you have been injured by a product and you would like to discuss your case, contact our skilled personal injury attorney as soon as possible.
