Texas Product Liability
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Failure To Warn
FAILURE TO WARN
Manufacturers and retailers have very specific duties to their consumers. Among these duties is the inclusion of adequate warning labels on their products. Warning labels must include not only dangers that can arise from using the product in an intended fashion but also dangers that can cause serious injuries based on an alternative use of the product. While it may seem difficult to require a manufacturer to think of all the ways a consumer could use the product, a warning label may be as simple as “using this product in an unintended manner could lead to serious injuries or death.” The failure to include this warning could lead to terrible injuries and resulting liability of the manufacturer.
Product liability claims often revolve around the three basic theories of recovery:
- Breach of warranty
- Strict liability
In negligence claims, an injured consumer must be able to prove that the manufacturer or store owner was negligent in the design, manufacture and promotion of the product. Breach of warranty claims have their foundation in contract law, and a victim may recover an amount of damages based on the breach.
The principle theory of recovery is strict liability. In order to bring this claim, a victim must show:
- The product was defective;
- The defect existed prior to purchase; and
- The defect caused the victim’s injuries.
FAILURE TO WARN
When developing a new product to take to market, a manufacturer must ensure the product goes through rigorous testing, including placing the product in scenarios that have nothing to do with the intended use. This is so the manufacturer can place warning labels on the outside of the product to ensure a consumer is aware that inappropriate use of the product could lead to serious injuries. The failure to warn could lead to liability on behalf of the manufacturer and the retailer, as well as any company involved with the manufacture of the product. Some of the more serious “failure to warn” scenarios involve drug manufacturers who do not include the relevant side effects which could result from taking the drug.
A court will look to what a reasonable and prudent company would have done in the same circumstance. If the reasonable company would have placed a warning label on the product, then the company could be held responsible for the resulting damages.
As a victim of an accident caused by the failure to warn, you are entitled to bring a claim including the following:
- Medical expenses
- Lost wages
- Future earnings
- Pain and suffering
An experienced attorney will assist you in determining the full amount of damages you are entitled to bring for your injuries and whether the damages could be reduced by your own actions during the accident.
MALLEY LAW FIRM | HOUSTON PRODUCT LIABILITY ATTORNEY
If you or a loved one were injured by a product due to the failure of the manufacturer to place warning labels on the product, do not hesitate to contact the Malley Law Firm. Tony Malley has years of experience in handling product liability claims and will work with you each step of the way to mount a thorough investigation into the manufacturing process. Contact our Beaumont and Houston offices today for your initial free consultation.