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

Product Liability

Certain laws and measures are put in place to protect you from faulty products. When you purchase a product or have a product used on you, the expectation is that it not only functions correctly but also that it doesn’t leave you injured. As part of this expectation, the duty of the manufacturer or marketing team is to properly advise how to use the product and warn of any potential misgivings. 

“Failure to warn” is the act of the manufacturer not adequately informing the public of the potential product risks. If you have fallen victim to a Florida product liability injury, you have the right to file a claim and receive compensation for your damages. A dedicated lawyer, like one from McPherson & Thomas, P.A., can give you the best possible shot at the results you are looking for. 

Understanding “Failure to Warn” in Florida

Considered a product defect, “failure to warn” is the abject failure to properly identify any potential risks to consumers that are considered to be “not obvious.” For example, prescription medications must list all known potential side effects. If they fail to warn the consumer that the cold and flu medicine may cause irregular heartbeats, this is considered an unobvious side effect and, therefore, “failure to warn.” 

Product defect is directly considered a negligent act, which leaves the product manufacturer or marketer liable for the consumer’s resulting damages. 

How a Product Liability Lawyer Can Help Your Case

Don’t try to navigate your product liability claim alone. If you have been a victim of a manufacturer’s failure to warn of dangerous side effects, you are owed compensation for injuries. When you hire a knowledgeable product liability lawyer, you are giving yourself access to someone who can help with the following aspects of your case while you focus on resting and recovering: 

File Your Claim

Florida currently has a two-year statute of limitations for filing personal injury claims, which means you have exactly two years from the date of injury to either resolve your claim or file a lawsuit. A Florida attorney will ensure you have everything correctly filed and on time, avoiding the risk of having your claim dismissed. 

Gather Evidence

To demonstrate you were directly affected by the negligence of the product’s manufacturer and company, your attorney will collect and assess any relevant evidence. This can include photographs or video evidence, medical records, or professional testimony. 

Fight for an Adequate Settlement

The insurance company will likely offer a low settlement that does not adequately cover the range of your losses. When you have a dedicated attorney by your side, you have someone with the legal expertise to file for a reevaluation or even take your case to court if needed. 

Part of developing and selling products for the public’s consumption is ensuring every potential risk is properly reported. Hold the at-fault party liable for your damages today by speaking with an attorney today. 

Contact a Dedicated Florida Product Liability Lawyer Today

The team at McPherson & Thomas, P.A. have devoted their careers to ensuring our Florida community gets the representation and results they need to move forward with their lives after their personal injury cases. Our people-first approach to product liability claims guarantees you have a representative by your side every step of the way, including the initial consultation and the final settlement. 

With over 25 years of experience to offer, let us help you today. We’ve helped past product liability clients recover almost half a million dollars in damages. For a free case evaluation, please call our office at (727) 848-8892 or fill out our contact form.

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