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 arise 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 it, or inserted in its packaging. The labels should be near the hazardous parts or somewhere every reasonable consumer would see. Inadequate warnings may fail to use signal words like “danger” and “warning,” or identify the nature of the hazard or the consequences of failing to adhere to the warning. If possible, warning labels should also feature pictures. Failure to include these elements 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 responsible for warning about hazards that could arise 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.