How does the law distinguish between a product’s design and its warnings?

In Florida, there is a law that governs products liability, which seeks to protect consumers against injuries from defective products. This law seeks to distinguish between a product’s design—or the way in which the product is made—and its warnings, which are any information that states the hazards of a product. A defect in a product’s design arises when the product is made in a way that makes it unsafe for consumers, even when used as instructed. In this case, a warning may not be necessary. For example, if a vehicle has a design flaw that causes it to be prone to rollover accidents, the manufacturer may be held liable, even if there was no warning on the vehicle about the potential hazard. On the other hand, a warning is necessary when the product is reasonably safe as designed, but may become dangerous if used improperly or without caution. For example, a power tool may be safe when used as directed, but may become dangerous if a consumer is not aware of the risks associated with its use. In this case, the manufacturer would need to clearly label the product with instructions and warnings about any potential hazards. By distinguishing between product design and warnings, products liability law seeks to protect consumers from injuries caused by dangerous products. When manufacturers fail to provide adequate warnings or design defects cause foreseeable injuries, the law allows for consumers to seek compensation for their losses.

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How does the law distinguish between a product’s design and its warnings?

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