Injuries Caused by Failure to Warn
Jacksonville Lawyers at Farah & Farah Can Help!
The stories of defective products are in the news every day. Consumers are injured by car roofs that crush occupants, or a drug that is recalled because it causes heart attacks instead of cures an ill. It seems increasingly manufacturers are becoming less concerned about their customers and more concerned about quick profits.
The list of defective products has been growing and so have the seriousness of the injuries. Sometimes a defective product even leads to death.
That Is Where Product Liability Law Comes In
Product liability refers to an area of the law concerning the tangible products we use every day. Florida and the rest of the country, expect everyday products should be safe for the user. Whether products are made by manufacturers, distributed by companies and suppliers, and sold through retailers – the purpose of product liability law is to make sure the responsible parties bear the costs of defective products, not the victims.
There are different definitions or theories of product liability law. The problem with the product could be a manufacturing defect or a design defect. A manufacturing defect occurred in the manufacturing process and usually involves shoddy workmanship. A design defect means the product is dangerous or useless.
The victim must prove the product is defective. The manufacturer, designer or retailer can all be held liable under different actions – negligence, breach of warranty, and strict liability.
Duty of the Manufacturer in Florida
Product liability law recognizes that the manufacturer has a duty to warn the user of a defective product and the hazards they present to the user. The duty to warn is required when the manufacturer knew or should have known there was a risk of injury. If the manufacturer did not understand there was a foreseeable danger, there is no duty to warn.
The injured party may prove that a product is defective from any of three types of defects: design defects, manufacturing defects, and “failure to warn” defects. Even if the product may be safely used in some applications, but hazardous if used in another manner, the product still needs to be clearly marked so there is no mistaking the potential for danger.
If the warning is missing, the product is defective and a failure to warn has occurred.
Call a Jacksonville FL Failure to Warn Attorney at (904) 263-4610
If you have been injured by a defective product, please remember to preserve all evidence, in this case the product and packaging. Since these cases can be complicated and expensive to prosecute, you would be well-advised to contact the Jacksonville product liability attorneys at Farah & Farah, P.A. for a free case evaluation. As an injury victim, you have the right to hold the negligent manufacturer responsible for the harm that their dangerous product has caused. Do not let the manufacturers off the hook for the injury you or a loved one suffered.