customer looking at product

What Product Liability Means

The Legal Information Institute of Cornell Law School defines product liability as “the liability of any or all parties along the chain of manufacture of any product for damage caused by the product.” The product could be defective in design or its manufacture. Also, if the manufacturer or supplier knows about latent defects of the product, they can be liable for failure to warn consumers of those problems that might injure them. Let’s say that you want to sue the company that sold you a defective product that harmed you. You will need to prove these things:

  1. You used a product that the defendant, a commercial seller, sold
  2. The product harmed you
  3. The item was defective at the time the defendant sold it
  4. The actual and proximate cause of your getting hurt was the defect, whether that defect was the design, manufacture, or failure to warn

The primary grounds for product liability claims are negligence, breach of warranty of fitness, and strict liability. These cases are sophisticated litigation. Your product liability attorney can explain these terms and concepts to you.

A Fair Settlement Amount for Your Alexandria Product Liability Case

There is no automatic sum that you can recover after successfully proving your product liability claim. Every case is different. The amount that you can pursue in money damages from the defendant or defendants will depend on multiple factors, like how severe your injuries were and how well you healed from them. Let’s say that you got injured when the power steering in your vehicle failed because of a design defect. Your car ran off the road and crashed into a tree.

Here are some of the damages that you might be able to pursue in this situation:

  • The reasonable cost of medical treatment for your wounds
  • Ongoing medical intervention made necessary by your injuries
  • Loss of income when you could not work because of your injuries. This might encompass weeks or months while you were recuperating
  • Loss of future income if you develop long-term functional limitations that keep you from earning as much money as before the accident
  • Disfigurement for extensive scars from your wounds
  • Pain and suffering to compensate you for the emotional upset, discomfort, and inconvenience of the accident and your injuries

Your Alexandria product liability lawyer can explore your situation to see if you might have additional losses to add to your claim.

What to Do If You Get Hurt by a Dangerous or Defective Product

You will need to deal with many issues after getting hurt by a dangerous and defective product. Here are a few of these steps you might want to consider taking to protect your health and the financial value of your product liability claim:

1

Complete Your Medical Treatment

It can be tempting to complete some of your prescribed medical procedures and then want to take a break before finishing the remaining treatment, like surgery or physical therapy. When you have a product liability case pending, it is in your best interest to complete the medical intervention your doctor prescribes before entering into a settlement with the defendant.

When you settle your claim, you will have to sign a waiver or release that prohibits you from going after additional compensation for losses from the accident. Because of this document, the defendant will not have to pay for any future medical treatment that was not included in the settlement.

2

Save the Item That Injured You

It will be nearly impossible to prove that the product was defective and that the defect caused harm to you if you no longer have the item.

In our scenario, you will want to have your lawyer secure the car rather than letting it get sent to the scrapyard after getting “totaled.”

3

Talk to an Alexandria Product Liability Lawyer About Your Claim

Evidence can disappear quickly. For example, a car can get sent to the junkyard within a day or two of a crash. It is imperative to get an attorney on board who can try to prevent the loss of essential evidence as soon as possible. Another advantage of having a lawyer representing you from the beginning is that you can relax and focus on getting better and stronger while your lawyer does the heavy lifting on your legal matter. When you have an attorney, you do not have to deal directly with the insurance company or their claims adjuster.

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Three Traps to Avoid in Your Alexandria Product Liability Claim

The financial value of your product liability claim is not determined entirely at the moment of the accident. Here are three things that can happen weeks or months later that could lead to a lower settlement offer or even a denial of liability on the part of the defendant.

Low-Ball Settlement Offers

Many people who try to handle their product liability claims by themselves have no idea how much their claim is worth. The claims adjuster’s job is to try to settle as cheaply as possible. People who accept the first offer from the insurer often receive much less money than they truly deserve.

Trying to Handle Your Claim as a DIY Project

If you try to handle your product liability claim yourself, you might make procedural mistakes that could get your entire case thrown out of court. For example, Louisiana has a short filing deadline. If your case is not settled by this date, called the statute of limitations, you will need to file a lawsuit or lose all rights to compensation.

Recorded Statements

After your accident, the insurance company will assign a claims adjuster to look into the situation and assess whether they have liability. As part of the investigation, the claims adjuster might ask you to give a recorded statement, supposedly to tell your side of the story.

In reality, the insurance company will use the transcript to try to find any reason to deny liability and blame you for the accident. If you have a lawyer, the insurer can get all the information they need from your attorney.

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I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are gua...

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are guaranteed to work hard on your case and get the outcome you deserve. Brittani C. is one of the most organized, thorough and helpful paralegals I’ve ever had the pleasure of working with. She keeps you informed and answers all your questions throughout the litigation process.

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I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and incredibly responsive. He took the time to explain every step of the process in clear terms and always made sure I felt informed and supported.

His attention to detail, strong communication, and genuine dedication made a stressful situation much easier to navigate. Derek went above and beyond to achieve the best possible outcome, and I’m truly grateful for his hard work.

If you’re looking for an attorney who is knowledgeable, reliable, and truly cares about his clients, Derek Hebert is an outstanding choice.

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Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is truly a blessing!

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I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica wa...

I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica was professional, knowledgeable, and attentive to every detail. She took the time to explain each step of the process, answered all of my questions thoroughly, and made sure I always felt supported and informed.
Her dedication and attention to detail were clear throughout, and it was evident she genuinely cared about achieving the best possible outcome. Thanks to Erica’s hard work and expertise, my case went smoothly and successfully.
I highly recommend Erica Ducote to anyone in need of a skilled, reliable, and compassionate paralegal. She truly goes above and beyond!

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Marksville

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had ...

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had our best interest and our well being as a priority. I would recommend them to friends and family. My case had some extenuating circumstances and they both worked diligently to help us. I am very thankful for their service and dedication to us.

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New Orleans

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - profession...

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

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They have good to keep me updated on the case but so far the settlement has not been reached.

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Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

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Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated T...

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated Toxic Water Claim. Mr. John Chaillot has been instrumental in advising me on documentation, timelines, and all matters pertaining to my case. A true professional and appreciated. Thank you.

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How to Find the Right Lawyer for Your Case

If you need an Alexandria product liability lawyer, you can contact Laborde Earles Injury Lawyers today. We are happy to offer a free initial consultation with no obligation.

Let us help you hold those responsible for your injury accountable and get the justice you deserve.

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