In addition to ensuring their products have a safe design and are properly assembled without any issues, product manufacturers in Texas must include thorough instructions and warnings for proper use with each of their products. However, any company that fails to warn consumers about potential hazards and risks associated with their products could be held financially accountable for any harm a consumer suffers because of using the product correctly.

However, product liability cases can be difficult to pursue without a skilled defective product attorney’s help, especially in cases where you must prove you were using the product appropriately and were not warned of its dangers. Fortunately, working with a Houston failure to warn lawyer could increase your chances of receiving a positive outcome and obtaining the compensation you need.

When is a “Failure to Warn” Legally Actionable?

Under Texas law, manufacturers must include obvious and easily understandable product warnings to alert consumers about potential dangers. For example, if a product requires electrical power, the manufacturer should include warnings about the potential risk of electric shock and specify what steps should be taken to minimize that risk.

However, state law does not mandate that manufacturers provide warning of “open and obvious” hazards, like the dangers associated with sticking a hand under a running lawn mower. Part of the challenge that often comes with failure to warn lawsuits is establishing that a reasonable person appropriately using the product would not have expected it to be dangerous in that specific way.

Manufacturers can sometimes be held liable for risks they had constructive knowledge of rather than actual knowledge. These dangers include hazards that production companies should have discovered through diligent product testing and warned consumers about. A knowledgeable attorney in Houston could offer further guidance about failure to warn cases and determine what specific information might be important to pursuing one effectively.

Holding a Manufacturer Strictly Liable for Damages

If a person injured by a dangerous product can prove that a manufacturer in Houston failed to properly warn them of the hazard that caused their harm, that individual can hold the manufacturer “strictly liable” for their losses. This is different from holding someone liable based on traditional negligence, which would require that the plaintiff prove that the manufacturer was reckless or careless in a specific way rather than broadly deficient in meeting their obligations under the law.

A successful strict liability claim will allow a plaintiff to recover payments for all the same damages a negligence-based claim could, including:

  • Past and future medical bills
  • Personal property damage, including costs of replacing the dangerous product
  • Lost working ability and income
  • Physical pain and suffering
  • Lost enjoyment of life
  • Emotional distress

However, strict filing deadlines apply to claims of this nature, so contacting a failure to warn lawyer immediately after getting hurt is vital.

Get in Touch with a Houston Failure to Warn Attorney

Manufacturers have several obligations to consumers to ensure their products are safe for consumers to use and understand. Any company that fails to meet that standard may open itself up to civil liability for any harm its product causes to a user who was not adequately informed about its dangers.

Guidance from a Houston failure to warn lawyer could make all the difference in how likely your claim is to have a favorable conclusion for you. Call today for a consultation.