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Inadequate Warnings

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Failure to Warn Product Liability Attorneys

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. Manufacturers should be held liable if their product caused injury to consumers due to inadequate warnings.

The attorneys at DC Law are well-versed in product liability law and are ready to help win your case. Claims against manufacturers can be difficult to navigate, that’s why our team of expert failure to warn attorneys are here to guide you through every step of the process. Our team will handle the ins-and-outs of your claim so you can focus on healing. Best of all? There are no upfront costs — you pay us nothing until we win your case.

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Failure to Warn Injury Cases

“Our goal is to help you through the process as quickly and efficiently as possible so you can focus on getting life back on track.”

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.

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 an 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 future income
  • Pain and suffering
  • Emotional distress
  • Disfigurement and disability

For the most serious cases where an inadequate warning leads to a consumer’s death, their family can also seek damages for wrongful death.

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Contact Our Inadequate Warning Lawyers Today

If you or a loved one were injured by a product because it provided an inadequate warning of its dangers, you may be entitled to financial compensation. Contact us today to schedule a free case evaluation.

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