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 because the product failed to warn about a potential danger. Manufacturers should be held liable if their product causes 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 Austin inadequate warning lawyers 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
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.
Elements of an Inadequate Warning Case
Texas is a strict liability state when it comes to defective product claims. This means 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 item must prove that the lack of proper instructions or warning about foreseeable alterations or misuse directly led to the harm.
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.
Call Our Austin Inadequate Warning Attorneys Today
If you or a loved one were injured by a product because it provided an inadequate warning of its inherent dangers, you may be entitled to financial compensation from the manufacturer or seller. One of our Austin inadequate warning lawyers can help hold liable parties accountable in court on your behalf. Contact us today to schedule a free case evaluation.
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