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Failure to Warn
Product Liability Attorneys Helping Consumers in Miami
Manufacturers must give sufficient warnings or instructions regarding the safe use of their products. Failing to do so can lead to serious injuries to consumers. The product liability attorneys at the Law Offices of Robert Dixon help Miami residents injured by unsafe products seek compensation from the responsible parties. We serve clients across Broward and Miami-Dade Counties, assisting them with claims against those who fail to issue proper warnings. If you or a loved one has been injured by a product that did not properly convey its risks or potential side effects, contact our office today for a free consultation about your case.
Requirements for Warning LabelsThe American National Standards Institute (ANSI) issues rules and regulations regarding safety symbols as well as product warning labels. The ANSI guidelines set out how warning labels should look and what information is to be included. Among the requirements, the ANSI says a warning label should inform consumers about:
- A product’s existing hazards;
- What risks are involved in using a product;
- The effects of a product’s hazard; and
- How a consumer may avoid hazards contained in the product.
The ANSI also states that warnings should be prominently placed upon the product, and that producers should set out color-coded words to indicate the level of danger a product contains. A red “danger” warning indicates that the product’s hazard could lead to serious injury or death. Orange “warnings” mean that a potential hazard could also end in serious injury or death, and a yellow “caution” means that a potential hazard could lead to moderate or slight injury. Failure to follow these standards, or to include other inadequate warnings or instructions, could lead to consumer injury, meaning that a manufacturer or other liable party could be held accountable for damages.
Liability for Inadequate Warnings or LabelsManufacturers are not only liable for defectively designing or manufacturing a product that renders it dangerous to consumers, but also when they fail to give adequate warnings or instructions regarding a product’s use, and injury results. Manufacturers, as well as any party within the distribution chain, can be held accountable for failure to warn regarding products that pose inherent, nonobvious risks. Failure to warn circumstances can include an array of situations such as insufficient information for medications with dangerous side effects, as well as a toy that is only safe for specific age groups.
In the failure to warn context, plaintiffs may also base their claims on various legal theories, such as breach of either express or implied warranty. An express warranty is a statement made regarding a product and its safety, and a breach occurs where the representation is either misleading or untrue. An implied warranty is an implied promise that the product will not cause harm when used in its intended, or foreseeable, manner. Florida requires any products liability claims to be filed within four years from the time of injury. These suits can be technical and sometimes complicated, but a knowledgeable attorney can help you preserve your rights.
Layers Representing Miami Victims of Unsafe ProductsManufacturers or other parties who profit from selling goods to consumers should be held responsible when they fail to warn of known dangers contained within their merchandise. The injury lawyers at the Law Offices of Robert Dixon have experience representing Miami consumers who have been injured by an unsafe product, and can help you recover damages to assist you in recovery. Call 877.499.4878 or contact us online to schedule a free consultation regarding your rights.
