Skip to content

What does failure to warn mean when it comes to defective product cases in Texas?

Failure to warn, under Texas law, means that a product may also be considered to be defective if the manufacturer does not issue a proper warning or any instructions about the use of a product. For example, a weed whip, with no warning label or statement about proper assembly. 

If the product in question is also supposed to be used in a certain way in order to reduce the risk of injury, the maker must provide clear instructions. For example, failure to warn of a risk of collapse or a dresser, if not put together properly.

There may be a number of named defendants in a strict product liability case in Texas. For instance, a defendant may be:

  • The manufacturer of the product, the entity or person(s) acting as a catalyst to put the product together or the company that outsources product production but labels it to make it appear it is their own.
  • The product designer may be strictly liable if the defect in a product was a direct result of the design.
  • Defective products sold by a seller, can, in limited situations, be held strictly liable. For example, the seller helped design the product and knew about the defect or misrepresented the defect.
  • Leasing out a defective product may make the person who leased it out to be held liable if they misrepresented the defect, knew about them or helped design the product.

Other Frequently Asked Questions: