When we purchase a product, we expect that the product will be safe to use as intended. This doesn’t mean that you cannot get injured using the product, but that you shouldn’t if you use it correctly. However, the manufacturer or a product still has a duty to warn the public of foreseeable harm in using the product. Even if a product is without any defects, the manufacturer can still be found liable for injuries suffered while using the product if found guilty of failure to warn.
What Constitutes Failure to Warn?
Failure to warn occurs under two conditions:
- The proper instructions or warnings that could prevent foreseeable harm are not listed on a product; or
- Following the warnings listed causes harm.
The warnings for a product must be on the product itself, attached to it, or included in or on its packaging. The labels with the warnings should be in a highly visible location or near the hazardous parts of the product. A warning may be considered inadequate if it doesn’t include a word such as “warning” or “danger,” or if it fails to identify what could happen if someone doesn’t adhere to the warning. It’s also best practice for warnings to include images. Failing to include imagery may increase the chances of a failure to warn claim.
It’s important to note that it is not the manufacturer’s responsibility to warn of open and obvious dangers. However, they are responsible for warning of hazards that could occur from foreseeable misuse of the product. For instance, scissors don’t need to warn that they can cause cuts, but a warning is required not to remove guards on a tractor.
Failure to warn is part of product liability. Texas follows strict liability when it comes to defective product claims, which means that the victim only needs to prove that there was a defect in the product that led to harm. For inadequate warning cases, the injured victim must prove that the lack of warning or proper instructions for foreseeable misuse was what directly led to their injury. If the victim can prove this, the manufacturer is liable for damages, such as those for:
- Medical expenses
- Lost wages
- Future income
- Emotional distress
- Disfigurement and disability
- Pain and suffering
Additionally, if someone is killed due to an inadequate warning, the family of the deceased can seek damages for wrongful death.
The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Been Injured Due to Failure to Warn
When you have been injured by a product due to failure to warn, you are often faced with handling the financial ramifications that accompany it. You should not be held responsible for someone else’s negligence. You may be entitled to compensation. Be sure to speak with a qualified Texas personal injury attorney as soon as possible.
The lawyers at Rochelle McCullough help victims of product liability to get their lives and their livelihood back on track. We will fight for your rights. To schedule a consultation, contact us today.