Millions of people are injured every year due to product malfunctions and defects. Everything from sports equipment, toys, clothing, batteries, soaps, and appliances can cause minor or severe injuries, especially to children. For example, the U.S. Consumer Product Safety Commission (CPSC) reported that hospitals saw more than 6,500 injuries caused by toys and nearly 9,500 injuries caused by clothing items.
But who pays for the medical bills, lost wages, and pain and suffering you or your loved one have suffered after being injured by a product? An Andrew product liability lawyer from Laborde Earles Injury Lawyers can help you determine who is at fault for your accident and fight for the compensation you deserve.
Compensation Available for Injured Victims of Defective Products
Depending on the type of product that causes you injury and the level of injuries you sustain, you may be able to recover compensation for:
- Any current and future medical expenses related to your product injury
- The amount of income you lost from being out of work during your recovery
- An estimated amount of income you will lose due to your accident-related disability
- The cost of property damage caused
- Your pain and suffering
- Any physical scarring or disfigurement you suffered
- The trauma and emotional anguish you have experienced
- The adverse effects on your life and happiness
If you lost a loved one due to a product liability injury, you might be able to recover compensation for:
- The costs of their funeral and burial or cremation
- Leftover medical bills from their injury
- The amount of household income support lost
- An estimated cost of the loss of emotional support
- An estimated cost of the loss of household management support, such as cleaning and caring for children
- Your emotional anguish and trauma
How Much Compensation Is My Product Liability Case Worth?
Many factors determine how much compensation you are entitled to, such as:
- Your age at the time of the accident
- The type of product liability accident that occurred
- The number of liable parties
- The type and severity of your injuries
- The current costs of medical expenses you and your health insurance provider have paid
- The projected medical expenses for ongoing or future treatments
- The total amount of income you lost
- The projected amount of income you will continue to lose related to your injuries
A product liability attorney from our firm can calculate your economic and non-economic damages to determine what a just settlement looks like for you.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhat Constitutes a Product Liability Claim?
A product liability claim states that a product caused harm to an individual while using it, and the parties that designed, developed, manufactured, packaged, shipped, and/or sold the product are responsible for the damages suffered. In general, you may have a valid claim if you were using a product as intended and it turned out to be dangerous or defective, causing damage.
You must prove negligence in a product liability case. That means you must show that the designing company failed to spot or address a flaw or that the manufacturer messed up creating the product. In some cases, products that cause harm or property damage when not being used as intended can also be considered valid product liability claims.
Your lawyer can review the facts of your case and determine whether you have a valid claim.
Types of Product Liability Claims
In general, there are four main types of product liability claims we can make to demonstrate the defect or danger this product caused:
- Design defect: The product was flawed from the start, with features that would be expected to or potentially cause damage, such as bodily injury or property damage. The company that designed the product either failed to notice the flaw or fix it before manufacturing.
- Manufacturing defect: The product was made incorrectly, with lesser-quality materials that were called for in the design, was packaged in an unsafe manner or developed another defect or unreasonable danger during the creation and packaging process.
- Marketing defect: The product’s packaging, instructions, or the product itself lacked proper warnings regarding information such as age restrictions, health and safety warnings, instructions for proper use, notes about potentially hazardous materials or features, and more.
- Breach of warranty: The product is considered unreasonably dangerous because its use does not abide by the manufacturer’s express warranty.
Note that just because a product has not been recalled does not mean you cannot file a product liability claim. Your claim could be why the company finds out about an issue with the product or is forced to recall or revise the product. You can prevent others from getting hurt or start a chain of holding these companies accountable.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWho Is Legally Responsible in a Product Liability Case?
Here are some parties who could be held accountable for your injuries:
- The company that designed, developed, and tested the product
- The manufacturing company
- The packaging company
- The company that created the marketing material, safety information, warning labels, and more
- The product distributor or retailer
In some product liability cases, we may be able to hold multiple parties accountable. Therefore, we will thoroughly investigate to determine all liable parties to maximize your compensation.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientThere Is a Deadline to File a Product Liability Lawsuit in Louisiana
In Louisiana, you typically have one year from the date of your injury to file a lawsuit against the liable parties in a product liability claim per CC Art. 3492. Your lawyer can determine how much time you have to explore your legal options for recovering compensation.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientA Defective Product Liability Lawyer Can Strengthen Your Case
We are not afraid to stand up to big corporations and manufacturers who produce and sell unreasonable dangerous products. We are ready to fight for you, and we will:
- Gather evidence
- Investigate your claim
- Calculate your damages
- File claims with the at-fault parties
- Negotiate for a just settlement
- File a lawsuit and represent you in court if necessary
We know that you and your family may struggle financially after an injury or property damage caused by a defective product. That is why we take on many of our cases for no upfront costs or fees — you do not owe us anything until we win or settle your case.
Speak to an Andrew Product Liability Attorney About Your Claim Today
Laborde Earles Injury Lawyers has over 350 years of combined legal experience. We are proud to serve product liability clients in Andrew, Louisiana. If you were injured by a product and believe you have a claim, contact an Andrew product liability lawyer today for your free consultation.