A recent case provides insight for Texas plaintiffs suing manufacturers for injuries caused by their products. According to the court’s opinion, the plaintiff was injured after her dentist inappropriately used a product to clean her dentures. The plaintiff later suffered significant injuries when the dentures were placed in her mouth. After suing the dentist and the product’s manufacturer, the plaintiff’s claim against the manufacturer was dismissed by the United States 5th Circuit Court of Appeals.
The plaintiff’s claim against the manufacturer was based on a failure to warn. The theory underlying failure to warn claims is that a product’s manufacturer has a responsibility to warn users of harmful effects. As one court explained, “in a failure-to-warn case, the plaintiff must show that the warning was defective and that this…was the producing cause of the plaintiff’s injury.” These cases typically come down to a question of whether the warning was adequate. In other words, a plaintiff will generally be able to recover if the judge or jury believes that the manufacturer’s warning was not sufficient to warn the plaintiff against the type of injury that occurred.
In this case, the plaintiff’s claim was unsuccessful because the product’s label contained language warning against using the product in the manner that caused the plaintiff’s injury. The warning label on the product stated that it was not to be used to disinfect dentures or the surface of any other instrument that would come into contact with mucous membranes. By instructing his assistant to soak the dentures in the product for fifteen minutes before placing the dentures back in the plaintiff’s mouth, the dentist caused the plaintiff’s injury by using the product in the exact manner that the warning label prohibited. When a product’s warning warns against the very activity that causes injury, the warning is deemed adequate as a matter of law, and the plaintiff’s claim automatically fails. For this reason, the plaintiff’s claim was unsuccessful.
This case illustrates a very simple principle in product liability cases involving failures to warn. If the warning specifically warns against the activity that causes the injury, the plaintiff will not be able to recover based on a failure to warn. The outcome could have changed had the warning label been more ambiguous about the proper use of the product. For example, had the label stated that dentures placed in the solution should be rinsed for two minutes before being placed in the mouth, but failed to mention that the water used to rinse them had to be cold, the plaintiff may have had a case.
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If you or a loved one has suffered an injury after using a dangerous or defective product, the San Antonio product liability attorneys at Carabin Shaw stand ready to fight for you. We have the experience, knowledge, and determination to fight for the compensation you deserve. Do not miss out on an opportunity to be properly compensated for your injury. Call us now at 800-862-1260, for a free consultation.