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:
- When proper instructions or warnings are not given on a product that could have prevented foreseeable harm
- 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.