While Texas consumers would like to think that all consumer products are safe, many come with inherent risks of injury. It is hard to make a power tool completely safe, for example. However, in these cases, there are correct ways to use the product in order to reduce or eliminate the risk of injury to consumers. In some cases, the danger and correct use may not be obvious to consumers and a warning is necessary.
Under product liability laws, companies must provide a warning to consumers in some cases. If a product has a danger that is present during normal use of the product that the company knows about but is not obvious to a consumer, then the company is required to include a warning with the product. If no warning is given, then the company can be held liable for injuries that result from the use of that product.
If a warning is required, then the manufacturer must explain and warn consumers of the hidden danger of using the product. They must also give instructions on how to properly use the product so consumers can avoid injury. There are no specific guidelines on how the warning must be given to consumers. Therefore, the warning could be included in an instructional booklet, on the product’s packaging or on the product itself. The only requirement is that the warning must be comprehensible.
When companies fail to warn consumers about the inherent dangers present in a product and an injury occurs, the consumer may have legal rights. By consulting with a qualified attorney, people can learn if they may be entitled to compensation for the physical and emotional injuries they suffered from the use of a product with insufficient warnings.
Source: Findlaw.com, “Defects in Warnings,” accessed Oct. 5, 2014.