If you or a loved one has suffered injuries after using a defective product, you could receive compensation based on product liability law. This area of law protects consumers by holding manufacturers and distributors responsible for the safety of the products they release to consumers. Regardless of its size and value, every product is subject to a warranty that implies its safety for the intended use.
A Houma product liability lawyer with our law firm stands ready to guide you on how best to defend your rights and recover maximum compensation for your injuries.
At Laborde Earles, we believe that you should not have to incur losses resulting from someone else’s negligence. During our legal practice, we have recovered $600 million for our clients and continue to invest all our resources in every case. Call our personal injury lawyers in Houma for a free case review.
Types of Defects that Could Result in a Product Liability Claim
These three defects could result in liability to the parties involved in the production and sale of a product:
- Design defects: As the name suggests, these defects occur in a product’s original blueprint. No matter how well a product is manufactured, the product has inherent flaws that could cause injuries to consumers.
- Manufacturing defects: A manufacturing defect occurs during the production of the product. The original design of the product may be safe, but during the manufacturing process, errors or omissions on the assembly line might result in the product becoming unsafe to use.
- Defective warnings: Even if a product is designed well and manufactured flawlessly, manufacturers must disclose all the potential dangers associated with its use. Product liability may occur when the responsible parties fail to instruct a consumer on using the product or warn them of potential risks.
Even though some risks may seem obvious, a manufacturer, distributor, or marketer associated with using the product must explicitly spell them out. For example, the fact that a lighter is flammable may seem self-explanatory, but failing to warn consumers of this danger could lead to a product liability claim if someone burns themselves using one.
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When Does the Manufacturer Bear Product Liability?
A manufacturer might have liability for your injuries and losses after using a defective product under two legal doctrines.
Negligence
To prevail in this type of case, you must prove that the manufacturer failed to exercise reasonable care during the product’s design, manufacturing, or distribution. You must also show that the manufacturer owes you a duty of care to sell a safe product.
Secondly, you will need to prove that the manufacturer breached the duty of care they owe you, whether knowingly or when they should have known. Finally, you must prove that the defective product caused your injuries.
Strict Liability
In strict liability, all you must prove is that a product injured you and that the product came from the manufacturer through their distribution channels. It does not matter how careful the vendor or manufacturer was in the distribution and manufacturing of the product or how often they warned consumers of the risks.
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Types of Damages You Might Recover in a Product Liability Claim
A successful product liability award will involve awarding compensatory (or special), general (or noneconomic), and punitive damages. The amount you recover in personal injury damages will depend on the type of losses you suffered and the severity of your injuries.
Compensatory damages
These damages cover costs associated with the injuries caused by the defective product. Such costs include medical bills, lost income, product replacement, and any other resulting monetary losses. They also could consist of projected future expenses such as rehabilitation and physical therapy, retrofitting your home for a disability, and diminished earning capacity.
General damages
General damages refer to the noneconomic losses that can result in the use of a defective product. These losses include:
- Mental anguish
- Pain and suffering
- Loss of consortium
Punitive damages
This category punishes or makes an example of a company that acted with malicious, fraudulent, or grossly reckless intent during the manufacture, distribution, or marketing of defective products.
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We Don’t Charge Anything Unless You Win Your Case
We understand the difficulty you might face in paying for legal services. Whenever you suffer an injury due to a defective product, you already have a lot to worry about, including the enormous medical bills associated with your injury. We believe that you should be able to access legal services no matter your financial status. For these reasons, we work on contingency.
We will not charge you any attorney’s fees unless we win your case. Once you recover an award, we deduct a percentage of your award as our payment. If we do not obtain a favorable outcome, you owe us nothing.
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Our Legal Team Understands Time Limits
If a dangerous or defective product injures you in Houma, you have up to one year to file a lawsuit per CC Art. 3492. If you file the lawsuit after time has elapsed, a judge will likely dismiss your case, and you will lose your right to seek compensation. Our product liability lawyers understand these statutory limits and will be ready to file your claim before the deadline.
We Represent You In a Court of Law
While many product liability cases don’t end up in a Terrebonne Parish courtroom, there may be instances when going to court would be the best option. For example, a company might be unwilling to compensate you for the injury or losses you incurred or offer you an unfair settlement.
Proving a product liability case can be complicated and daunting. For example, a company may argue that you ignored the warning signs or used the product in an unanticipated way. The good news is that a skilled lawyer can help you refute such claims. Our lawyers will support your claim by investigating the case, collecting the necessary evidence, and calculating the damages owed to you.
Laborde Earles Injury Lawyers Can Help You
Having the right legal representation can make an enormous difference in your chances of recovering your damages. At Laborde Earles Injury Lawyers, we take pride in our extensive knowledge, experience, and resources to handle your case. By scheduling a free consultation with us, our product liability lawyers can give you an overview of your legal options. Call us today at (337) 777-7777 to review your case with a team member.
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