Product liability is an area of the law that allows people harmed by unreasonably dangerous products to hold negligent companies accountable for the injuries they’ve caused. While we usually trust that products sold in stores and online are safe to use, it’s all too common that a product is actually defective or dangerous. And these products can cause serious injuries or damage.
If you or a loved one were injured by a product, you may have a product liability case. You can work with a Jeanerette product liability lawyer from Laborde Earles Injury Lawyers to recover compensation for medical bills, lost income, and much more.
How to Know If You Have a Product Liability Case
The basis of a product liability claim involves someone suffering an injury, illness, worsening injury or illness, or death after using a product. Products that cause property damage to a home, car, or other property can also be subject to a product liability case.
In Louisiana, R.S. § 9:2800.54 outlines the four types of product liability claims for which victims can file a product liability lawsuit:
- Design defect: This refers to a flaw in the design or development of the product that causes a malfunction or adverse effect.
- Manufacturing defect: This refers to a defect resulting from the product being produced with low-quality materials, constructed incorrectly, not quality controlled, or packaged unsafely. Basically, the manufacturer did not follow the specifications of the design.
- Marketing defect: This refers to a product that lacks clear instructions, safety warnings, age-use warnings, and other important information that a consumer should have.
- Breach of express warranty: This refers to a product that doesn’t provide the results the company claims it will, and this could result in physical injury. This can also refer to a product that causes damage or breaks and the company refuses to repair or replace it.
A Jeanerette product liability attorney can help you determine if a product was the cause of your injury, illness, or property damage. Then, they can gather evidence to prove liability and hold negligent parties accountable for your injuries or damages.
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Common Types of Product Liability Cases
Nearly any type of consumer product can be at the center of a product liability case. We’ve helped clients get justice and compensation for injuries caused by these and other unreasonably dangerous products:
- Medical devices, such as surgically implanted medical devices
- Medicines, including Zantac
- Auto parts, such as steering systems, tires, and airbags
- Tools and machinery, including farm equipment, construction equipment, and home improvement tools
- Household items and appliances, like countertop appliances
- Children’s products, like toys
Many people think that there has to be a recall on a product for there to be a valid product liability claim. But that’s not true at all. A recall is the result of many of the same type of product having a defect. People can suffer injuries and property damage from a product that hasn’t been recalled, either because there haven’t been many injuries, there haven’t been many people filing complaints, or because the company doesn’t know about the defect yet.
Your Jeanerette product liability attorney from our firm can help you file a product liability claim regardless of whether there’s a recall or not.
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You Can Recover Compensation for Your Product Liability Injury
Negotiating an out-of-court settlement or taking your case to court can help you recover damages for a variety of financial and nonfinancial consequences of your injury. Here are some of the losses we can help you get compensation for:
- Medical expenses, both current and future
- Lost income, including wages, salary, tips, bonuses, and more
- Reduced earning capacity
- Pain and suffering, including physical pain, emotional anguish, and psychological trauma
- Diminished quality of life, which can include scarring, disfigurement, disability, mobility issues, and more
- Wrongful death losses, including funeral expenses, burial costs, reduced household income, loss of companionship, and more
There is no cap in Louisiana on noneconomic damages. So, it’s important to work with a product liability attorney in Jeanerette to calculate the full scope of your damages and make sure you’re fighting for the amount you deserve.
How Much Compensation Can I Get for My Product Liability Case?
The amount someone can win in a product liability case in Louisiana can vary greatly. There are many factors that can influence how much your product liability case may be worth, including:
- The total cost of your economic and noneconomic damages
- Your age at the time of the accident
- The type and severity of your product liability injuries
- The number of liable parties
One of our attorneys can consider these factors and more when determining how much your product liability case could be worth.
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Who Can You Sue for Product Liability?
Products aren’t usually made by just one company. Plus, companies that make products aren’t always the ones selling their products directly to you. That means there are many different parties we may be able to hold accountable, including:
- The company that designed or developed the product
- A manufacturing company, including a company that made the whole product or the faulty part
- The company that packaged the product
- The company that distributed, stored, and shipped the product
- A wholesaler or retailer
A product liability lawyer will collect and review the evidence in your case to determine which parties are responsible for your unreasonably dangerous product accident. The attorneys at Laborde Earles Injury Lawyers aren’t afraid to stand up to large corporations, so we’re prepared to help you fight, no matter which companies are involved.
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Louisiana Has a Statute of Limitations for Product Liability Cases
According to C.C. Art. 3492, you generally have one year to file a personal injury lawsuit, including product liability cases. That’s one year from the date of the accident or one year from the date you discover an injury. However, there are some exceptions to this rule.
A Jeanerette product liability lawyer from our firm can help you understand how the statute of limitations affects your case.
Trust Laborde Earles Injury Lawyers with Your Product Liability Case
The team at Laborde Earles Injury Lawyers has more than 250 years of combined legal experience in personal injury law—including product liability. We’re dedicated to helping victims and their families get the justice and compensation they deserve. That’s why we offer our counsel on a contingency-fee basis. We don’t get paid until we recover compensation on your behalf.
Contact our office today for your free consultation.
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