What is a “failure to warn” defense to a product liability claim?

A “failure to warn” defense to a product liability claim is a legal argument a defendant may assert in order to absolve themselves from liability or fault. It asserts that a product’s manufacturer, seller, or lessor did not adequately warn the user of a product of potential risks associated with that product’s use. Under Florida law, a product liability claim requires that a party prove the following elements: (1) that the product was in a “defective condition,” (2) that the defect existed when the product left the party’s possession, and (3) that the defect was the cause of injury or harm to the plaintiff. The “failure to warn” defense to a product liability claim in Florida works to absolve the defendant of liability for a product defect by claiming that the defendant properly designed and manufactured the product, and that any harm suffered was a result of a lack of warning as to potential risks associated with the product’s use. The defendant will thus assert that they had no duty to warn of potential risks and that the plaintiff’s injury or harm was the fault of their own negligence. To adequately defend against such a claim, the defendant must demonstrate that they made reasonable efforts to disclose any potential risks associated with the product. Such reasonable efforts may include warnings on product labeling, instructions, manuals, or other means of disclosure of potential risks. In Florida, evidence of discharges of duties to warn may include prior warnings given to the user, warnings given to the product user’s employer, or industry standards applicable at the time of the product’s manufacture.

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