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Failure to Warn

Florida recognizes three different kinds of product defects, two of which are fairly obvious. A product may be poorly designed, which is called a design defect, or poorly put together, which is called a manufacturing defect.

The last kind of recognized defect is a little more abstract, as it does not relate directly to the product itself. It is called a marketing defect, also known as a failure to warn. A product may have a marketing defect if its packaging or advertising:

1. Does not warn purchasers about potential dangers that may arise even when the product is being used reasonably. This kind of defect can be controversial, as it is a very subjective standard. Legally, companies do not need to warn about obvious dangers, such as a stove being hot, or unreasonable dangers, such as glass being dangerous to swallow.

However, companies do need to warn about dangers that can arise when the product is being used in a reasonable way. For example, a toy that could pose a choking hazard to children below a certain age needs a warning label stating this fact.

2. Makes false promises to purchasers. For example, many toy packages have a recommended age printed on them. If a toy is actually dangerous for children at the recommended age, the company has committed failure to warn.

3. Provides incomplete or misleading instructions. People need to know about the correct use and construction, if relevant, about the products they buy. Directions that lack important safety information can be a kind of marketing defect.

Contact Us

If you have been hurt by a product that was labeled or advertised incorrectly, you may have grounds for legal action. Contact Jacksonville product liability lawyer Don Guthrie, P.A., by dialing 904-296-1088.








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