When you buy a product, you don’t expect it to hurt you. Instead, you expect products to be safe for the intended use. At the same time, manufacturers and distributors have a duty to use reasonable care in product design and manufacture to ensure their safety.
If you suffer injuries because of a defective product, you could hold the designer, manufacturer, or distributor liable under product liability law. However, this field of law is complicated, and it might serve you to consult a Crowley product liability lawyer if a defective product has injured you. At Laborde Earles Injury Lawyers, our team will fight for the compensation you deserve.
How to Recognize Product Defects
Product liability law protects consumers injured by a defective product and the following factors apply:
- You used the product in a reasonable manner or as directed when the injury occurred
- A product defect caused your injuries
- You suffered significant harm from the injuries
- The product was not altered at the time you purchased it
If you believe that any of these factors apply to your case, you might have grounds for a product liability claim. Laborde Earles Injury Lawyers can provide guidance and the representation you need.
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Overview of a Product Liability Claim
The Louisiana Products Liability Act sets the parameters for product liability lawsuits in state courts. RS Art. 9:2800.54 establishes the responsibilities and burden of proof that manufacturers have under product liability law. Your product liability claim will typically fall under these three broad categories:
- Negligence
- Strict liability
- Breach of warranty
Negligence
Designers, manufacturers, and distributors must release products that are safe for use. If any of the parties fail to exercise reasonable care and this failure causes an injury, the injured person can hold them liable. Product liability negligence could involve:
- Errors in the original product design
- Careless manufacturing mistakes
- Failure to warn consumers of foreseeable risks related to using the product
To succeed in a negligence case, you must prove that the at-fault parties owed you a duty to release a safe product. You must also prove that they breached the duty of care they owed you. Finally, to be eligible for compensation, you will need to prove that the injuries directly resulted from the product’s defect.
Strict Liability
While negligence requires you to prove that the parties acted unreasonably, strict liability will hold manufacturers – as defined by RS Art. 2800.53(1)—responsible for injuries caused by a defective product irrespective of whether they exercised reasonable care during manufacturing. Instead, you only need to prove that the product was unreasonably hazardous and that the injury resulted from using the product.
Breach of Warranty
Products often come with a guarantee of their safety. A breach of warranty, therefore, means that a party violated their contract. When manufacturers, suppliers, or retailers fail to meet an express promise, they might be liable under product liability law.
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How a Crowley Product Liability Lawyer Can Help
Proving a product liability case can be a highly complicated process. You will need extensive resources and the will to push through the intricacies of a personal injury lawsuit. For that reason, you might want to consult a product liability lawyer. Our legal team can help you pursue your claim by:
- Providing legal counsel: Having the correct information about your case can make a difference in your chances of success. Our lawyers will provide you with expert legal advice to decide how to approach your case.
- Pursuing a settlement for you: Our product liability lawyers will negotiate with at-fault parties and their insurance companies for a settlement. However, if we are not successful in negotiations, we will not hesitate to go to court. In either scenario, we will work diligently to secure fair compensation.
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Who Is Eligible to Sue?
A product liability action is designed to compensate the consumer of the defective product. It does not mean that the injured person must be the product owner. The law applies to anyone who uses the product. For example, if you suffered injuries using a product at a friend’s house, you could still sue the manufacturer for your damages.
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What Kind of Damages Am I Eligible for Compensation?
Many factors could influence the damages you could recover in a product liability claim. Nonetheless, these are the most common damages you could recover after being injured by a defective product:
- Medical bills for both current and future treatment
- Rehabilitation costs
- Loss of income
- Loss of earning potential
- Pain and suffering
If a defective product killed a loved one, the immediate family could obtain compensation for medical expenses, funeral costs, loss of future wages, pain and suffering, and loss of companionship in a wrongful death suit.
You Have One Year to File Your Product Liability Lawsuit
You must file product liability cases within a set timeframe. The length of this period varies by state and depends on various factors, such as the type of allegations being made in the case.
In Louisiana, CC Art. 3492 establishes a one-year deadline to file your product liability case, while CC Art. 2315.2 sets a one-year deadline for wrongful death suits. Failure to meet these deadlines could lead to forfeiting your right to recover damages.
How Much Does a Product Liability Claim Cost?
In a typical product liability case, you may incur costs for:
- Gathering documents and medical records
- Interviewing witnesses
- Obtaining evidence
- Filing court documents
- Attorney’s fees
- Hiring expert witnesses
These costs can overwhelm victims already struggling with mounting medical bills. Fortunately, we work on a contingency fee basis. We do not charge anything unless we recover a settlement for you. We will then collect a percentage of your payment.
Contact Laborde Earles Injury Lawyers Today
The Crowley product liability lawyers at Laborde Earles Injury Lawyers are committed to protecting consumers’ rights by holding negligent parties responsible for their actions. Call (337) 777-7777 or contact us today for a free case evaluation with a member of our legal team.
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