Defective Products – Failure to warn you about risks or side effects of the product

In the State of Florida, the Florida Department of Health provides information on food recalls for consumers. Foods are not the only products which may be recalled due to dangers. All products, from cars to strollers to drugs that people take, could potentially be recalled if they present unexpected risks. Unfortunately, many recalls do not occur until people become badly hurt. Many dangerous products are also never subject to recalls, but instead are left on the market to continue causing injury.

There are different types of product defects which can cause injury or illness. One such defect is a failure to provide adequate warning about risks or side effects of a medication. Product manufacturers have a duty to ensure the products they release are safe. Some products, however, have inherent risks. When a product presents a danger but is released anyway, manufacturers have a duty to provide warning about possible complications or problems which could arise from product use. For example, manufacturers of a drug must warn if a potential medication increases the risk of heart problems, while manufacturers of products like hair dryers must warn that use of the product in a wet environment could cause electric shock.

If a manufacturer fails to provide adequate warning and injury occurred, victims could pursue a product liability claim, with Florida Statute 95.031 indicating the claim must be brought within three years starting from the date that that facts giving rise to the claim become known or should have been discovered. Victims may recover compensation arising from unexpected injuries or illnesses which the product manufacturer was aware of and should have warned consumers about, provided they act within the statute of limitations and can prove their damage claim.