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Florida Personal Injury Attorneys Agree, Warning Labels Can Only Do So Much for Product Liability Cases
A Boca Raton personal injury attorney says that only about one in 10 product liability cases involve a plaintiff who is not an adult. Many of these product liability child related personal injuries involve a toy, sporting equipment, household chemicals, food or beverage or an appliance.
Consumers are less likely to win product liability lawsuits, despite their increased popularity. One reason may be that injured people are bringing weaker cases to the courts than in the past. Or it may be because judges and juries have become more sympathetic to corporate America as a defendant in these cases.
One place that has not been affected is the settlements for workplace injuries. Awards for workplace injuries are higher than incidents that happen in the home, this according to a recent research project conducted by the American Bar Foundation. In addition, out-of-court settlements average approximately 38 percent less than jury verdicts.
The fear of product liability lawsuits has given way to outrageous warning labels that many people with common sense find offensive. Warning labels on such items as a clothing iron which states Do Not Iron Clothing While Wearing Them. Or a label on a hair dryer which reads: Do Not Use While Showering or Bathing.
Florida personal injury attorneys agree that legally, companies have a strong duty to warn of potential hazards in their products but it is a very difficult balance to warn consumers without scaring them away from the product. Well written instructions and sensible labeling may not be enough for everyone who uses the products. For example, young children cannot read and some parents may simply open the package and hand over a toy to their child without ever reading the instructions or precautions.
A Boca Raton personal injury lawyer agrees with suggestions of special training on products that have a high risk of accident rate such as model airplanes and toy trains. Manufacturers of these types of toys could offer special training seminars or include a DVD of a person using the item in the correct way and the incorrect way so that parents can watch the DVD with their child to make sure they understand the correct way to operate these types of toys.
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