A plaintiff may initiate a cause of action arising from an injury due to a serious burn caused by a manufacturer's product. In a products liability action based on a failure to warn, there is a presumption or inference that the consumer of the product would not have been injured if there was an adequate warning given by the manufacturer. However, if the consumer fails to read the warning on a manufacturer's label, the manufacturer cannot be held liable for breaching a duty to warn since an inadequate warning cannot be the proximate cause of the plaintiff's injuries. On the other hand, if the plaintiff cannot read the label due to the fault of the manufacturer, a failure to warn theory may be viable. For instance, where a child is too young to understand a warning of danger, a defendant's duty to warn may not relieve the defendant of liability for negligence if he could be reasonably expected to do more. Additionally, where the consumer is unable to read the label, but has the warning read to him or her, and uses the product in accordance with the label, the consumer's failure to personally read the label does not insulate the manufacturer from liability for the inadequacy of the warning.
If your child is suffers a burn injury due to the negligence of another, you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
