• Your Money Recovered

    At Kramer Green we pursue large loss subrogation claims throughout the country. We work aggressively and efficiently to strategize your recovery from the date of loss to the date of settlement or verdict.

News & Resources

Adequacy of Warnings Determined as a Matter of Law

August 14, 2012 | Category: Subro News and Cases

In Farias v. Mr. Heater, Inc., 2012 WL 2354369 (11th Cir. June 21, 2012), the insured sustained house damage when an infra-red portable heater caught fire.  After the insurer paid the claim, it filed a cause of action for strict liability and negligent failure to warn against the manufacturer of the heater.  The insurer claimed the product warning was inadequate to advise that the heater was not to be used indoors.  The trial court granted summary judgment for the defendant manufacturer.  The issue on appeal was whether the district court correctly resolved the question of the adequacy of the warnings as a matter of law or whether it was properly a jury question.  Despite recognizing that the adequacy of warnings is usually a question of fact for the jury, the 11th Circuit Court of Appeals affirmed the trial court’s decision citing Florida law which holds that the adequacy of warnings can be resolved as a matter of law where the warning is “accurate, clear, and unambiguous.”