Purchasing a product that turns out to be defective can no doubt be frustrating, and tragically, it can also endanger you or your family. Despite government and industry regulations, dangerous products harm innocent consumers daily. The primary job of Duson product liability lawyers is to hold manufacturers financially accountable for the harm their defective products cause.
If a defective product injured you or a loved one, Laborde Earles Injury Lawyers can help you fight for the financial compensation you deserve. We offer a free, confidential consultation. Let us help you learn about your legal options.
Understanding Product Liability Law
The purpose of product liability laws is to protect consumers from damage caused by dangerous or defective products and to hold manufacturers and sellers accountable. Not all product defects are caused by negligence, however, as product liability claims can also fall under two other categories:
Strict Liability
This form of liability is generally applied legally to abnormally hazardous products or activities. Under strict liability, a manufacturer is liable for damages regardless of their degree of negligence or fault. Strict liability is meant to encourage manufacturers to be extremely cautious to prevent consumer injuries.
Example: A patient receives an implant that malfunctions, causing further damage.
Breach of Warranty of Fitness for Use
An express warranty of fitness for use is created when a buyer relies on a seller’s expertise to identify a product that can serve a particular purpose. This warranty is breached or violated if the seller then provides the buyer with a product unsuitable for that purpose.
Example: A buyer asks a mechanic for snow tires but receives tires unsafe for snow.
Product liability lawsuits happen often and involve many everyday items with which most Louisianians are familiar. Indeed, manufacturers spend a lot of money on product liability insurance to protect them from such lawsuits.
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.
ClientDetermining Liable Parties in a Product Liability Case
During a product liability case, you must demonstrate a connection between your injury or illness and a product’s defect. According to the Louisiana Products Liability Act, a manufacturer is liable for damages caused by a product that is unreasonably dangerous due to its:
- Construction, composition, or design
- Lack of adequate warnings
- Non-conformity to an express manufacturer’s warranty
A manufacturer is only liable if a dangerous defect existed in the product before it left the manufacturing facility. In addition, many products have more than one manufacturer if it has multiple components. For this reason, the manufacturer may not be the only one liable for damages. Before you purchased the product, parties that may have had control of the product include:
- Any of the product’s manufacturers
- The company that assembled the components
- The packaging company
- The wholesaler who sold the items to the store
- The store from which you bought the item
Product information and documentation can provide crucial evidence in product liability claims. Therefore, you should document dates, times, and locations associated with the times before and after you were harmed by using the product. A product liability attorney can help you identify potentially liable parties and gather the evidence needed to hold them 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 | ClientPursuable Damages in Product Liability Cases
The costs of an injury caused by a defective product can be extensive, and the liable party should be the one to cover them. It’s important to note that your compensation should not be based solely on costs already accrued but also on predicted future expenses. A Duson product liability lawyer can help you recover compensation for the following damages and more:
Healthcare Costs
Medical bills are the most obvious (and likely most expensive) costs associated with an injury. Fortunately, the party at fault can be held legally accountable for expenses related to medical treatment, such as the following:
- Emergency care
- Hospitalization
- Rehabilitation
- Primary care visits
- Tests and imaging
- Medication
- Medical equipment
- Counseling
Property Damage Expenses
Sometimes a defective product causes damage to other property due to an explosion, leak, or catastrophic failure. In these cases, you can request compensation from the liable party to repair or replace any property damaged by the product. An example of this would include the costs of replacing household furnishings ruined by a fire caused by a defective appliance.
Lost Wages and Diminished Future Earnings
Sometimes an injury causes you to miss work, depriving you of income. Additionally, a severe injury could leave you disabled and reduce your capacity to earn wages in the future. In these instances, the liable party may owe you for any lost or reduced earnings.
Pain and Suffering and Diminished Quality of Life
Not all losses come with definitive price tags. Injuries can take a toll on a victim both physically and emotionally. For example, you may have suffered physical and emotional pain from your accident and injuries. In addition, your injuries could lead to permanent disability or disfigurement, thereby diminishing your quality or enjoyment of life.
Wrongful Death Damages
If a defective product fatally injured your loved one, you may be able to seek a wrongful death lawsuit for the decedent’s funeral and burial expenses and other losses.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientReasons to Retain a Duson Product Liability Lawyer
Having a lawyer represent you can benefit your case tremendously. A product liability lawyer knows the ins and outs of the law and will fight to get the compensation you deserve so you can focus on recovering.
Tasks that a Laborde Earles injury lawyer will handle for you include, but are not limited to:
- Gathering and preserving vital evidence, including photos, video, and paperwork concerning the product
- Collecting medical records, medical bills, and receipts for injury-related costs
- Communicating with insurance companies
- Negotiating a settlement with the claims adjuster
- Representing you in court if a settlement cannot be reached
- Gathering testimony from expert witnesses, such as doctors and accident reconstructionists
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.
ClientGet Help With Your Product Liability Claim Today
The statute of limitations for product liability claims is only one year from the date of your injury. However, building a solid case can take significant time and effort. Therefore, we urge you to schedule a free consultation at Laborde Earles Injury Lawyers today. We want to get started on your case as quickly as possible to allow you to focus on recovering from your injuries and reclaiming your life.
