Consuming or using defective products can result in serious injuries. If this happens, you might be able to receive compensation from the manufacturer.
Manufacturers may deny responsibility for the injuries you or your loved one has sustained from using the product. While you do not need to hire an attorney to represent you, hiring one after you sustain injuries from a defective product could help you understand your state’s laws, as product liability law differs across states.
A defective product case can get complicated, but an Abbeville defective product lawyer can help you understand what is going on in your case and answer questions you may have.
A lawyer can also collect evidence to establish the manufacturer’s liability and if other parties involved in the product’s supply chain might bear liability, depending on the product’s defect. A lawyer can advise you on the best course of action to take in your situation.
A manufacturer is responsible for safeguarding the welfare of consumers who use the product. If you want to explore legal recourse, consider contacting the legal team at Laborde Earles Injury Lawyers today at (337) 777-7777 for a free case evaluation.
What to Do After Sustaining Injuries from a Defective Product
What you do immediately after sustaining injuries from a defective product could affect the outcome of your case. If a product you have used injures you, you might want to:
- Seek medical attention immediately.
- Keep the defective product.
- Do not fix or change the product.
- Collect any documents regarding the product.
If you sustain injuries from using a defective product, get medical attention. Do not take your health for granted, as you could have internal injuries. Check any symptoms that you have and get the necessary treatment. You should also request your medical records because they can serve as evidence that the defective product is the cause of your injuries.
You also would want to keep the product. Disposing of it is getting rid of physical evidence that can help you establish your case. You can take photographs of the product to have a visual record of what the product looked like. Keep the product, but do not allow anyone else to consume it.
You should also avoid fixing the defect. Many people make the mistake of fixing a defective product, which makes it difficult to prove it was defective in the first place. Leaving the defect as is will also help the manufacturer understand what is wrong. This will help in developing ways to solve the defect in all similar products.
Collect any documents that came with the product. This includes receipts, technical information, and the product manual if it is included. You also can opt to consult with a lawyer about your injuries. You might want to do this as soon as possible after the accident occurs, as delay could put your claim or lawsuit at risk.
An Abbeville defective product lawyer from Laborde Earles Injury Lawyers can offer more guidance on the matter. If you are interested, call our legal team for a free case review.
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Common Types of Defective Products That Can Cause Harm
Any product can be defective and pose a serious risk of harm to you or your loved ones.
Some of the most common types of defective products are:
- Defective cars
- Expired or defective drugs that are still on the market
- Defective children’s toys
- Defective medical devices
- Defective food products
Sometimes, a car manufacturer might have overlooked certain defects that harm consumers. A car has different parts, and a defect in any one of them could result in accidents if the user is driving. For instance, exploding airbags can be deadly.
Defective or expired drugs can also be very harmful when ingested. If the manufacturer has not included any warnings on the drug, then you could possibly sue them for injuries sustained. Always check the product labels to ensure you do not miss any warnings before taking a drug. Children’s toys can also cause serious harm because they come with small toy parts that children could swallow.
Toy manufacturers should design the toys properly and provide sufficient warning and additional information on how to use them safely. Defective medical devices can also seriously harm you or your loved one. For example, a defective pacemaker could cause death, which would allow the decedent’s family to seek compensation.
You and your family can become terribly ill after consuming defective foods. These products can get contaminated easily if there is negligence in the storage or preparation process. The Centers for Disease Control and Prevention (CDC) estimates that 48 million Americans receive food poisoning treatment each year.
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When Are Manufacturers Liable for Defective Products?
Sometimes the liability of a defective product will fall on the suppliers rather than the manufacturer. Knowing which party is liable is important to your case.
In Louisiana, the manufacturer is liable under the following circumstances, according to LA Rev Stat § 9:2800.54:
- If unreasonable danger is caused by the product’s composition
- When the product’s construction causes unreasonable danger
- If the manufacturer did not provide enough warning of any danger the product poses
- When there is an unreasonable danger the product’s design causes
- If the product is not aligned with the manufacturer’s warranty
An Abbeville defective product lawyer can determine if the manufacturer is liable for any injuries you have sustained from consuming a defective product. The lawyer could also find other liable parties that share liability for defective products.
The laws regarding manufacturers’ liability and responsibilities are in the Louisiana Products Liability Act (LPLA), or LA Rev Stat § 9:2800.52. Pursuing a personal injury claim against a manufacturer is only possible between one year after the injury date, according to the statute of limitations on personal injury claims found in LA Civ Act, art. 3492.
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How an Abbeville Defective Product Lawyer from Laborde Earles Can Help
Getting the right compensation after sustaining injuries from a defective product can be challenging. The liable party’s insurance company could argue that you destroyed the product or that the injuries are not from the defective product.
An Abbeville defective product lawyer can work on your behalf to negotiate with the insurance company, file your case on time, collect evidence to strengthen your case, and help you get the compensation you deserve. Call Laborde Earles Injury Lawyers at (337) 777-7777 today so that we can start working for you.
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