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

Consumers should be able to trust that the products they buy or use are reasonably safe from defects and unreasonable danger. These products should not only work as intended but also be safe. When a product is unreasonably dangerous and causes harm, there may be a product liability claim available to the victim. Under Florida law, there are generally three common forms of product liability: design defect, manufacturing defect, and failure to warn.  

It is the responsibility of manufacturers, engineers, design teams, and marketing teams, among others, to ensure customers are sold products that are safe. If a manufacturer fails to provide adequate warnings about possible risks associated with a product, this is known as a “failure to warn.” In the unfortunate event that you suffer an injury due to a product that lacked adequate warnings, you may have the right to seek compensation. Filing a product liability claim can be a step towards receiving compensation for the harm you have endured. 

At Hersh Kirtman Injury Law, our Boca Raton Product Liability Lawyer
has extensive experience helping clients who have suffered injuries from defective and dangerous products. Our Florida personal injury law firm provides legal assistance to clients who have suffered harm from the negligence and wrongdoing of others.

What Is a “Failure to Warn” in Your Florida Product Liability Claim?

When it comes to product safety, it is important that individuals understand the term “failure to warn.” The term refers to a type of product liability claim where the harm is alleged to have been caused by a product that did not have adequate warnings about potential risks associated with the product. 

Products often have certain inherent risks, even when designed and manufactured correctly. In those instances, appropriate warnings are necessary to inform consumers about the safe way to use and interact with the product. If a product, when used, may present some risk of harm to a consumer, then the manufacturer should warn consumers about that risk. In the design phase of any product, manufacturers should generally engage in a failure mode and effects analysis. That means the manufacturer should identify the circumstances in which the product may fail and cause harm, and then either design the danger out of the product, guard against such danger, or otherwise provide an appropriate and thorough warning. If the manufacturer does none of these, there may be a product liability claim should an incident occur resulting in harm.  

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

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The Damages Collectible in a Product Liability Case

If you are harmed in an incident involving a dangerous or defective product, you may have the right to seek compensation by filing a product liability claim. The damages you may be eligible to recover for your Florida product liability claim include the following:

• Medical expenses in the past and in the future
• Lost wages
• Lost earning potential
• Pain and suffering and other non-economic harm
• Punitive damages, in certain instances
• Wrongful death damages

Get Help With Your Failure to Warn Product Liability Case in Florida Today

At Hersh Kirtman Injury Law, we provide clients with the experienced representation they deserve as they take legal action after being injured by a product that lacked adequate warnings. To schedule a free case evaluation with one of our Florida lawyers, contact us today by filling out our contact form or giving us a call at (561) 208-3700.