New Orleans Louisiana Product Liability Attorneys
Were you injured as a result of a defective or dangerous product? If so, a Louisiana product liability attorney may recover compensation for you damages.
Below is free information that we hope helps you decide if you need to hire a products liability lawyer. If you believe you may have a case, call us to speak with an attorney for free.
Table of Contents
- Why Do You Need A Product Liability Law Firm?
- Who is Responsible for Defective Products?
- Do This If You Think You Have Been Injured by a Defective Product
- Gathering evidence or Documentation
- Categories of Product Liability Cases
- What are the Most Common Defective Products?
- The Louisiana Product Liability Act
PRODUCT LIABILITY LAW FIRM
Why is it important to hire a product liability law firm? There are many different types of attorneys out there. A product liability attorney can fully investigate your case and identify additional parties who may owe you damages. For example, if you were t-boned by a vehicle that ran a red light you may think you have an auto accident case against the other driver. While we can represent you in the auto accident, our team would also look to see if there were any potential defects with the other driver’s vehicle. Maybe the vehicle model had a history of brake or ignition switch problems, in which case, you may also have a claim against the manufacturer of the automobile.
WHO IS RESPONSIBLE FOR DEFECTIVE PRODUCTS?
In the event you have been injured by a defective or dangerous product, you likely have legal recourse against every company that had a hand in designing, manufacturing, and selling the product. Products liability laws allow an injured individual to sue as many potential defendants as possible. The reason for this is to ensure that the plaintiff recovers full compensation.
Companies that may be responsible for damages due to a product defect include:
Each of these parties have a legal duty to ensure the products that are sold to the public are safe for use. If the product is dangerous, each party can be responsible for the damages caused to a consumer.
WHAT TO DO IF YOU SUSPECT YOU HAVE BEEN INJURED BY A DEFECTIVE PRODUCT?
The first steps after you suspect you were injured by a defective product are important. You need to first be sure that you get the medical treatment you need. Without evidence that you were injured, there is no reason a jury would award damages. You will also need to gather evidence and documentation of the defective product.
GET THE MEDICAL HELP THAT YOU NEED
Each product liability is unique, and you will need qualified medical personnel to prove your injuries and damages. Defective products injury people in numerous ways and you will likely need a licensed medical specialist to both ensure that you get the necessary medical treatment that you need and also have the expertise to help prove your case at trial. Our law firm works with clients to ensure they are being referred and evaluated by the proper medical professionals.
GATHERING EVIDENCE OR DOCUMENTATION
To prove your products liability case, you will need to proof that you were injured by the product. Here are some tips for gathering evidence for your case:
You will ultimately need evidence to prove your case and it is important that you gather and preserve evidence after you believe you may have a case.
CATEGORIES OF PRODUCTS LIABILITY CASES
Products liability cases often fall into one of three categories: manufacturing defects, defective design, and failure to warn. In Louisiana, manufacturers and sellers of defective products are strictly liable for unreasonably dangerous products. In many of these cases, you need to prove that the manufacturer knew about a defect or couldn’t have prevented an injury through reasonable care.
- MANUFACTURING DEFECTS
A manufacturing defect is a problem with the way the product was created or assembled. Manufacturers are responsible for testing the products sold to the public to ensure they are safe for use. This includes both the finished products and the component parts that the manufacturer may incorporate into a final product.
- DEFECTIVE DESIGN
A design defect is a problem with the way the product was designed or developed. Manufacturers owe a duty to design products to be free from defects. While a manufacturer does not owe a legal duty to design a perfect product, it must take reasonable precautions to test the product for defects. Many manufacturers push to sell a product without taking reasonable precautions to ensure the product is not defective.
- FAILURE TO WARN
There are many products that are inherently dangerous. A manufacturer should provide adequate warnings about these dangers and also instruct users on how to properly use the product. An adequate warning is not always a warning that the product can be dangerous. A manufacturer needs to understand how the product is being used and if the warnings and instructions it is providing to consumers is actually being understood. In the case of many pharmaceuticals, simply warning that a product can be dangerous is not always enough. A manufacturer needs to test the product to fully understand its dangers and be clear to the public about these dangers.
BREACH OF WARRANTY
The Louisiana Products Liability Act also permits a claim for breach of warranty. This type of product liability case is less common. These types of cases normally arise when the manufacturer or seller warrants that the product was suitable for a certain purpose. Breach of warranty claims are less common because most goods are not sold with specific warranties from a seller or manufacturer.
PROPERTY DAMAGE CLAIMS
Some product liability cases only involve property damage. For example, a defective water heater may cause a fire resulting in damages to your home. For example
WHAT ARE THE MOST COMMON DEFECTIVE PRODUCTS?
There were at least 4,210 products recalled in 2015 due to a dangerous defect. Unfortunately, consumers rarely learn that a product has been recalled before suffering a personal injury.
Medications are one of the most common defective products. Drug makers often do not properly test a drug before marketing it to the public. Further, many drugs do not adequately warn consumers of potential side effects. Currently, the following drugs are suspected of being defective:
Automobiles are likely the most recalled product in the United States. Over the last few decades, several hundred automobiles have been recalled. Automobile defects are a common cause of automobile accidents. Some of the most common auto defects include:
- Household Appliances
Each year over 14,000 people are killed or hospitalized from injuries caused by household appliances. These injuries are caused by a number of specific problems including poor designs, manufacturing defects, defective component parts, and poor warnings and assembly instructions. We all expect to be safe in our homes and do not expect the items we use daily in our home to suddenly be dangerous. Appliances that are often found to be defective include:
Children’s toys often pose unnecessary risks and dangers due to their design and the fact that small children use them.
THE LOUISIANA PRODUCTS LIABILITY ACT
Products liability claims in Louisiana are filed under the Louisiana Products Liability Act, La. R.S. 9:2800.50. This law states that a manufacturer and seller of a product shall be liable for damages if the product was unreasonably dangerous. The law defines “unreasonably dangerous products” as follows:
If you prove your injuries were caused by a defective design, you can recover the following categories of damages:
Punitive damages are generally disfavored by the courts unless you can prove that the manufacturer knew the defects was injuring consumers or acted in a reckless manner.
In catastrophic cases, the assistance of vocation experts, medical experts, and life care planners will be necessary to prove the full extent of your damages.
CALL TO SPEAK WITH AN ATTORNEY FOR FREE
Call to speak with an attorney for free about your products liability case. We are available to take your call 24/7. Our team of attorneys will work with you to investigate the defective product and gather the details of your case. We are also more than happy to review your medical records and to help you get the treatment you need to fully recover. You can reach us at (866) 970-0977.