Obligations for Clear Instructions
Some well-designed and well-built products are nonetheless dangerous. Warning labels alert consumers to the hazards and give instructions on avoiding injuries through proper use. Manufacturers may be held liable for failing to include adequate labels and instructions.
Brais Law Firm protects the rights of Florida consumers when manufacturers do not abide by their obligations to warn of dangers and give clear instructions for use of their products. Our Miami products liability lawyers take on some of the biggest manufacturers of such products as playground equipment, landscaping equipment, household products, medical products and tools.
We can help you recover damages for injuries resulting from a product that came with poor instructions for its safe use or lacked warnings about potential hazards. Review our firm’s Results page to view our recent settlements and verdicts, equal to $40 million in just the last several years*.
What is an Inadequate Warning Label?
A manufacturer is in the best position to anticipate potentially dangerous problems with its products. The manufacturer has knowledge about the source of ingredients or parts and the manner in which the product is constructed. A responsible manufacturer has tested the product under varying conditions to learn what might transform an otherwise safe project into a danger. Therefore, the law imparts upon the manufacturer the duty to caution consumers when:
- The product is dangerous when used as intended;
- The manufacturer is aware of the hazard; and
- The danger would not be obvious to a reasonable consumer.
The warning label must be clear and specific. For example, an over-the-counter drug label might warn of risks to consumers with certain health conditions. A riding lawnmower label might caution consumers about risks of rollover when using the equipment on sloping property. A kitchen appliance label might warn consumers about burn risks. Warnings directed toward children are particularly crucial so parents can protect their children from unseen harm.
When Are Instructions Considered Inadequate?
The manufacturer has a duty to provide adequate instructions for use. The instructions should clearly indicate ways to avoid the anticipated dangers. For example, an OTC drug package should clearly specify safe dosages and time between each dose to avoid taking too much. A space heater label should clearly indicate where and how the appliance should be used to avoid fire risks. Instructions for installing a diving board should specifically indicate safe water depth and distance from pool edge.
Recovering Damages for Inadequate Warning
The product does not have to be defective for you to recover damages. If you used the product as directed and yet were injured, you may be entitled to such damages for:
- Scars and deformities
- Medical and rehabilitation costs
- Lost earnings
- Pain and suffering
- Death of your loved one
Recover from the Manufacturer that Failed to Warn You of the Dangers
You may be entitled to damages if the manufacturer failed to warn you about the dangers of using its product. Schedule a free case evaluation with Brais Law Firm to learn more about recovery for products liability. Under our contingency plan, you are not charged any attorneys’ fees until we recover compensation. Our lawyers are always accessible to you, with a main office in Miami.
*Specific details regarding previous verdicts and settlement results are not indications of the results of future cases and settlements, nor should they be held to be guarantees, warranties, or predictions regarding the result of representation by our firm. Furthermore, any message regarding the result of a specific case is not a promise of similar results in future cases, but rather represents the outcome of the specific legal and factual basis from which it arises.