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Understanding defects in warnings

When we buy products, we expect them to work as they are intended. One would not be happy if they bought a blender and it did not blend food. While malfunctions could be the cause of a product not working properly, it could also be due to defects. When consumers in Florida hear the word defect, they likely think of design and manufacturing defects. However, products could become dangerous because of defects in warnings.

Purchased products likely come in a box or at least have some form of paperwork that comes with it. Whether it is on the actual box or a pamphlet included inside the box or with the item, there are many things written on these items. One of them is a warning section. When consumers are provided these warnings, though, they must be done in a certain manner.

A defective warning occurs when there are inadequate instructions or warnings for the product when a manufacturer foresees risks of harm posed by the product. Additionally, if these warnings and instructions were adequately provided, harms could have been reduced or avoided to the consumer. Thus, is a seller or manufacturer releases a product without adequate instructions or warnings, they could be found liable for any resulting injuries or harms.

Because a manufacturer has the duty to warn users of hidden dangers that might be present in a product and instruct users how to use the product in a way to avoid dangers, a manufacturer could be held liable through a products liability action if harm is caused to a consumer. Thus, those harmed by defects in warnings could seek compensation through this legal action for the damages and losses suffered because of it.

Source: Findlaw.com, "Defects in Warnings," accessed Feb. 10, 2018

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