Do you have a liability case if you didn’t read the warning?

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Do you have a liability case if you didn’t read the warning?

On Behalf of | Aug 23, 2021 | Product Liability |

Commercial law requires manufacturers to warn consumers about potential injuries that they can incur when using their products. What if you’re injured while using a product, but you did not read the manufacturer’s warning? Can you file a claim against the manufacturer in Texas? The answer is maybe.

Failure to warn product claim cases

Manufacturers are legally responsible to alert consumers about potential problems. The courts are full of product liability cases where manufacturers exhibited failure to warn consumers about potential hazards. These cases are usually clear-cut if previous injuries have been litigated in court. To win, plaintiffs must prove that the manufacturer did not provide adequate warning. Nevertheless, research has shown that even when warnings are present, most consumers fail to read them.

The American Law of Products Liability

This law assumes that people will heed a warning based on taking care for their own safety, so what happens with cases where an injured plaintiff did not read the warning? It depends on where the case was heard and the judge’s interpretation of the law. However, many judges have begun to recognize that different or more thorough warnings may make no legal difference. For example, some warnings about potentially defective products are tucked away in obscure sections of user manuals and are rarely seen.

If you were injured by a defective product and filed a claim that was previously denied by a court, you shouldn’t give up, especially if you suffered substantial injuries. With a more favorable court attitude toward such cases, an appeal might be in your best interest. Gathering evidence that the warning was obscure and unlikely to command your attention may make the difference in a verdict favorable to you.

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