Dallas Failure to Warn Attorneys
Some products that consumers use are inherently dangerous. Manufacturers and retailers have a duty to warn consumers about the potential dangers of their products. If they fail to do so and you are injured as a result, you may be able to recover financial compensation through a product liability claim.
Failure to adequately warn can occur with all types of products, from personal grooming products to cars to lawn care tools. Regardless of the product, if you were injured due to inadequate warnings, The Benton Law Firm can help you recover compensation. Contact us at (214) 777-7777 today for a free consultation.
Do I Need a Product Liability Lawyer?
The legal principles behind a failure to warn case make it a complex type of matter to bring in court. Additionally, the procedures that you must follow in court are confusing and difficult to understand without training. It is important to retain an attorney to represent you in a failure to adequately warn case so that you do not miss important filing deadlines and so that you present as much evidence as possible to win your case.
An experienced lawyer will be able to evaluate your case and understand the potential merit of your claim. The litigation process is not one that you should attempt on your own, as your chances of recovery are much better with an attorney’s help. Your attorney can investigate your claim, gather evidence, file court documents, and negotiate with opposing lawyers and insurance agents on your behalf, all while you sit back and focus on your health and recovery.
Why Choose The Benton Law Firm to Handle My Case?
After you have suffered a serious injury due to inadequate warnings on a product, the first thing to do is ensure that you have an experienced lawyer to represent your interests. An attorney from The Benton Law Firm will evaluate your case and point you in the right direction for your circumstances. We strive to put your best interests first in all that we do.
Jeff Benton founded The Benton Law Firm after spending time at a large, international, full-service law firm. Jeff is dedicated to assisting the injured people in the Dallas community. He has lectured at The University of Texas at Brownsville as an adjunct professor. Jeff has also received many accolades and prestigious awards, including the John Howie award from the Dallas Trial Lawyers Association. This award celebrates Jeff’s pursuit of justice despite adversity. Jeff has also received a 10 out of 10 ranking on Avvo and is a member of the Multi-Million Dollar Advocates Forum for obtaining large verdicts on behalf of clients.
As a team, the lawyers at The Benton Law Firm are concerned with compassionately serving your legal needs. At a time when you have suffered physical pain and financial distress, we are here to help. Our initial evaluation of your case is always free. Additionally, we take no payment for our services unless you recover compensation. Only after you have received your payment for your injuries will we be paid a portion of your settlement. This can give you peace of mind since you do not need to pay us any money up front, and will owe us nothing if we fail to recover compensation.
What is a Failure to Adequately Warn?
This type of product liability claim involves inadequate warning or instructions about how to properly use a product. The product may not have a design or manufacturing flaw. Often, the product will itself be dangerous to start with, requiring warnings because of a dangerous aspect of the product that might not be obvious to the user. The goal is to enable the user to use a product safely as intended despite the fact that there is an inherent danger in the product. A manufacturer should include warnings or instructions when the foreseeable risks of harm from a product could be reduced or avoided by including the warnings.
The following are examples of products that would be defective because of inadequate warnings:
- Over the counter medication that does not warn of side effects with other commonly taken medication
- A dangerous chemical used to remove paint that is sold without instructions on how to use it
- Personal grooming items like electric razors or flat irons that lack instructions on how to safely use them
- Machinery such as power tools and lawn care tools that lack instructions on safe operation
Warnings are not required for all products, even though some manufacturers include them for all types of products. A warning is typically required in the following situation:
- The product is dangerous in some way
- The manufacturer knows it is dangerous
- The danger exists when the product is being used reasonably and in its intended manner
- The danger would not be obvious to a reasonable user
What is reasonable use and whether a danger would be obvious to a reasonable user will depend on the type of product and the type of user. However, the above list is the general baseline that manufacturers must follow.
To properly warn a consumer, the warnings a manufacturer uses should be clear and specific. For example, products should come with clear warnings regarding what age range the product is appropriate for. Even if appropriate warnings regarding age are provided on a product, a manufacturer should take care not to advertise to an inappropriate age group.
Warnings should be placed in an obvious location where the user is likely to see it. Often times, warnings are placed on brightly colored stickers so that they stand out. This is a good practice to ensure that consumers see warnings, but this specific type of visibility is not a requirement.
Warnings and instructions may appear on packaging, in an instruction manual, or on the product. Warnings that are hidden in fine print may not be considered to be adequate.
A warning must be understandable to consumers. The language used should be easy to understand. A number of manufacturers also include warnings in more than one language to assist more people in understanding the dangers inherent in certain products.
Proving a Failure to Adequately Warn Case
A manufacturer has two duties to consumers when developing instructions or product warnings:
- The manufacturer must warn consumers about hidden dangers within a product
- The manufacturer must instruct users regarding how to use a product in a way that allows the user to avoid dangers associated with the use of the product
The lack of adequate warnings must have actually caused your injuries in order for you to be entitled to compensation. If you happened to get sick when you took a medication that interacted with another medication, you would have to prove that your illness was due to the interaction between the drugs that was not warned about. If you became sick due to other causes, even though the failure to warn was present, you would not have a solid case.
Generally, in Texas, a consumer could bring a claim against a manufacturer based on strict liability. This allows you to collect compensation without proving any negligence on the manufacturer’s part. As long as you were using the product as intended, it was in the same condition as it was when you bought it, and it was unreasonably dangerous, you should be able to recover compensation.
At times, you may be able to pursue a failure to warn case under the theory of negligence. Proving negligence is more difficult, as it requires you to demonstrate that the manufacturer breached their duty of care to you, directly causing your injuries. More compensation may be available through a negligence claim, but they can also require more time and work to win.
Compensation in a Failure to Adequately Warn Case
If you were seriously injured due to a dangerous product that did not contain an adequate warning, we are here to help you obtain the recovery you deserve. If you have experienced a serious injury, you may be entitled to recover for economic losses and non-economic losses. Economic losses include measurable damages, such as medical bills for hospital stays, surgeries, procedures, doctor visits, medication, and therapy. Economic losses also include lost wages from missing work during your recovery, and lost future earning potential, if your injuries will prevent you from returning to work at the same pay. Non-economic losses are designed to compensate you for intangible losses such as loss of consortium, or companionship, and pain and suffering, whether physical or psychological.
If you were injured while using a product that lacked adequate warnings about its dangers, you may be entitled to financial compensation from the manufacturer via a product liability claim. At The Benton Law Firm, our product liability lawyers are here to help ease some of the burden and pain from your injuries by helping you recover the compensation you deserve. By speaking with a member of our firm, you can discover the options that are available to you. Contact us immediately at (214) 777-7777 or on this website for assistance!