Inadequate Warning Cases
Experienced & Dedicated Personal Injury Lawyers
When you use a product as directed, you expect it to operate safely and as intended. Yet, sometimes people get hurt despite reading and following the directions exactly because the product failed to warn about a potential danger. Product manufacturers can be held liable when they provide inadequate warnings on their products that injure consumers, and DC Law holds them accountable when they hurt our clients.
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What is an Inadequate Warning?
Otherwise known as “failure to warn” liability, inadequate warnings fall under product liability law in Texas. Failure to warn lawsuits typically come from two situations. The first occurs when proper instructions or warnings are not given on a product that could have prevented foreseeable harm. The second situation occurs when following the warnings causes harm.
The warnings themselves must either be on the product, attached to the product, or inserted in the product packaging. The labels should be near the hazardous parts or somewhere general that every consumer would see. Inadequate warnings fail to use a signal word like “danger” or “warning,” or identify the nature of the hazard or the consequences of failure to adhere to the warning. If possible, warnings should have pictures or diagrams, and failure to include these could mean that the product has inadequate warnings for consumers.
Manufacturers typically do not have to warn consumers about open and obvious dangers that come with their products, but they are liable for not warning about hazards that could come from foreseeable misuse or alteration of the product. For example, fireworks do not need to warn that they can cause burns, but a warning is required to not remove the guards from a lawnmower blade.
Elements of an Inadequate Warning Case
Texas is a strict liability state when it comes to product liability claims. This means that the victim does not need to prove that the designer or manufacturer was negligent with the product, only that there was a defect in the product that led to harm. In order to win a product liability case for inadequate warning, the victim injured by the product must prove that the lack of proper instructions or warning about foreseeable alterations or misuse directly led to the harm caused by the accident.
Under strict liability, once a victim proves that the inadequate warning caused damages, the manufacturer is liable to the victim for compensation. This can include damages for medical expenses, lost wages, and lost future income and benefits in addition to pain and suffering, emotional distress, disfigurement, disability, and the loss of enjoyment of life. For the most serious cases where an inadequate warning leads to a consumer’s death, their family can also seek damages for wrongful death.