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What Constitutes a “Failure to Warn” in a Florida Product Liability Case?

When people purchase products—either one of their favorites or a new one for the first time—they trust the product will work as advertised. When this is not the case, and the product actually winds up injuring a person, the victim may be able to receive compensation for their injuries. This type of lawsuit is called a Florida products liability lawsuit, where a product manufacturer can be held liable for the person’s injury.

In a recent accident involving a well-known exercise company, a child died after accessing their touch screen treadmill at home. Although details about the accident are still unclear, there have been a handful of incidents where children have been injured because the product is intended to be used by people at least 16 years old. The company has urged customers to adhere to the safety warning concerning their products and to keep the treadmill stored away where children cannot access them.

Depending on if the exercise company adequately warned their customers of a known potential risk, injured customers may be able to sue. In Florida, the court will hold a product manufacturer strictly responsible for their actions. This means a plaintiff does not need to prove negligence as long as they have proven: (1) the item contained a defect; (2) the item caused the victim’s injuries; (3) the victim suffered the injuries because of the defect. There are three types of product defects: design flaw, manufacturing defect, and a failure to warn. A design flaw is a defect made during the product’s creation or inception that makes it dangerous for consumers. Unlike a design flaw, a manufacturing defect is an error during the manufacturing process that makes the product unsafe.

Finally, the third defect is a failure to warn defect, where the company fails to warn consumers of known or potential risks of utilizing the product. Companies are legally required to inform customers of known or potential risks of using their product; if they provide this warning, they cannot be held liable under this product liability theory. In the recent matter of the treadmill, if the injured party can prove that the company knew the product was unsafe for children and failed to warn them about this known danger, they will succeed in a product liability lawsuit.

Because the success of the case hinges on proving the product contained a defect, individuals interested in bringing a product liability lawsuit should contact an experienced product liability attorney who can help with their matter.

Contact a Florida Products Liability Attorney

If you or a loved one has been injured by a defective product, contact the Law Offices of Robert Dixon. Our attorneys have years of experience handling Florida product liability claims against negligent manufacturers and will fight to help you pursue the compensation you deserve. Beyond product liability cases, we also have extensive experience in other areas of personal injury law, including premises liability, motor vehicle accidents, and nursing home abuse. To schedule a free initial consultation and to speak with a Florida products liability attorney, contact our office today at 877-499-4878.

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