According to Florida law, warnings should contain wording that directs the reader to the significant dangers arising from failure to use the product in the prescribed manner, such as the risk of serious injury or death:
Additionally, “a manufacturer has a duty to warn of dangerous contents in its product which could damage or injure even when the product is not used for its intended purpose.” High, 610 So. 2d at 1262. “To warn adequately, the product label must make apparent the potential harmful consequences. The warning should be of such intensity as to cause a reasonable man to exercise for his own safety caution commensurate with the potential danger.” Am. Cyanamid Co. v. Roy, 466 So. 2d 1079, 1082 (Fla. 4th DCA 1984); see also Scheman-Gonzalez, 816 So. 2d at 1139–40. “A warning should contain some wording directed to the significant dangers arising from failure to use the product in the prescribed manner, such as the risk of serious injury or death.” Brito, 753 So. 2d at 112. The sufficiency and reasonableness of a manufacturer’s warning, considering whether an injured person knew of the danger, are generally questions of fact left to the jury; however, that is not the case where the “warnings are ‘accurate, clear, and unambiguous.’ ” Id. (emphasis added) (quoting Felix v. Hoffmann-LaRoche, Inc., 540 So. 2d 102, 104 (Fla. 1989)); see also Salozzo v. Wagner Spray Tech. Corp., 578 So. 2d 393, 394 (Fla. 3d DCA 1991); Marchant v. Dayton Tire & Rubber Co., 836 F.2d 695, 701 (1st Cir. 1988); see generally Vega v. City of Pompano Beach, 551 So. 2d 594 (Fla. 4th DCA 1989).
See: Grieco v. Daiho Sangyo, Inc. – 344 So. 3d 11
Related:
- Is there a duty to warn of an obviously dangerous product?
- When Does A Manufacturer Have A Duty To Warn About Defects?
- Product Liability Attorney
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