(305) 709-0880

Mislabeling/Failure to Warn

Some of the most dangerous and potentially hazardous products, devices, and drugs must be followed with instructions and care to avoid any harm. If you suffered an accident due to a mislabeling or failure to warn, then you need to contact a legal counsel as soon as possible.

Attorney for Mislabeling/Failure to Warn in Miami, FL

The mislabeling/failure to warn of a product can lead to severe injuries or death. Healthcare costs can negatively affect the lives of everyone surrounding the victim of the product. If the product that harmed you was negligent in having a misleading label or failure to warn of known dangers, then the manufacturer of the product could be held accountable.

Our attorneys at Abrams Justice are aggressive in fighting damages in excess of $50,000. We understand that you may be struggling economically to keep up with your medical costs resulting from a mislabeling or a failure to warn. We can recover on your behalf and under certain circumstances pursue punitive damages for reckless conduct.

Call us at 305-709-0880 to schedule a consultation. We work with clients in the cities of Miami, Homestead, Coral Gables, Miami Gardens, Cutler Bay, Hialeah, Broward County, Monroe County, and Palm Beach County.

Mislabeling/Failure to Warn Information Center

Back to top

What is Mislabeling/Failure to Warn?

Labels on a product are meant to provide instructions, warnings, and cautions. Simply put, food labels provide nutritional value information that is essential for individuals navigating day to day nutritional needs, particularly if they are suffering from health conditions. However, food products are not the only products requiring accurate labeling. Inherently dangerous product such as electric wiring, toxic, and flammable devices and products often depend on proper labels and warnings to be operated safely by the purchaser and to reduce or eliminate risks of potential harm. Any other product that can also be vulnerable to its targeted user like a child also requires proper warning labels. Mislabeling and a failure to warn refers to the mislabeling or failure to warn on a product contingent on the proper use of it.

Back to top

Medical Malpractice

Medical products and devices are the forefronts of product liability cases because its main product consumers are already those who are vulnerable to its use. Some conventional medical devices, such as an insulin pump, epi-pen, and glucose monitor, are all potentially fatal if an improper advisory is provided. Healthcare professionals are the sellers and distributors of these products, so they owe the highest duty of care to the patient. In the event that a medical product harms a patient, it is essential to consider the failure to warn and mislabeling that was provided by the healthcare professional. Although healthcare professionals only recognize the warnings and labels based on what the pharmaceutical and medical device companies have provided, healthcare professionals as a “learned intermediary” must convey those risks effectively to the patients.

Healthcare professionals, including pharmacists, have the duty of explaining advisory warnings to the patient when consuming or operating a device for their specified health condition. Medication or medical device that is property mislabeled can be attributed to the manufacturer of the product or any defective label provided by the hospital or medical professional. Drugs or medical devices that fail to provide a warning can be attributed to the manufacturer or the healthcare professional aware of the warnings and failing to communicate them to the patient.

Back to top

Grounds for a Product Liability Lawsuit

A product liability lawsuit will consider the responsibility or duty of care that a designer, manufacturer, seller, importer, distributor, or supplier had when creating and testing the product before release to the general community for sale.

The strict liability tort, which without need to prove harm or an intent to harm, can be applied to a mislabeling/failure to warn product liability as stated in Fla. Civ. Pro. §403.8 — “a product is defective when the foreseeable risks or harm from the product could have been reduced or avoided by providing reasonable instructions or warnings, and the failure to provide those instructions or warnings makes the product unreasonably dangerous.”

Negligence, which is cited in general product liability cases, is the failure to use reasonable care as compared to others in the same role (a designer, manufacturer, seller, importer, distributor, or supplier). A negligent failure to warn can also be cited inside a mislabeling or failure to warn lawsuit, because the designer, manufacturer, seller, importer, distributor, or supplier failed to use reasonable care towards the end user of the product, by failing to provide a proper label or warning. The reasonable care standard is comparable to what another designer, manufacturer, seller, importer, distributor, or supplier would have done under the same or similar situation (Fla. Std. Jury Instr. (Civ.) 403.10).

Back to top

Additional Resources

Food and Drug Administration (FDA) | Device Labeling – The Food and Drug Administration (FDA) puts just as much emphasis on device labeling as it would on food and drugs because the wrong labeling on a device can cause as many risks as consuming a toxic drink. Click to learn more about the standard regulations for labeling the FDA has created according to the types of devices.

United States Consumer Product Safety Commission (CPSC) | Recalls List – A recall is a government or manufacturer action taken to remove a specific product or alert customers about a particular product that has been deemed as unsafe or hazardous. The United States Consumer Product Safety Commission (CPSC) updates the page with the latest recalls of American sold products.

Back to top

Miami-Dade County Mislabeling/Failure to Warn Lawyer

Getting harmed by a product that you trusted to be safe can be a traumatic experience. If you suffered an accident as a result of a product, you might be viable to file a product liability lawsuit.

Our attorneys at Abrams Justice have been fighting for an individual’s damages resulting from a product liability suit for years. We will not settle at the first offer but push to obtain the most favorable outcome on your behalf.

We work with clients in the counties of Miami Dade and its surrounding area. Call 305-709-0880 to schedule a consultation.