Manufacturers are responsible for putting products on the market that are safe for public consumption. If you are injured due to the use of faulty merchandise, you can file a product liability claim to seek compensation for your damages. This could ensure that the proper requirements are met for the specific product, keeping future users safe.
Products that could be defective range from medical devices to cars to children’s toys, and even household items we use every day. Defective products are often found to be harmful, leading to serious injuries to consumers each year.
Product Liability Attorneys
The product liability attorneys at Laborde Earles Injury Lawyers can help you seek the justice you deserve. We’ve handled many product liability cases in our combined 250 years of experience. Our dedicated team of attorneys can put that knowledge and skill to work for you, pursuing compensation for all the damages you’ve suffered, including medical expenses for your injuries, pain and suffering, lost income, and more.
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What Constitutes a Product Liability Claim?
Manufacturing defects, design defects, and insufficient instructions or warnings could be the basis of a product liability claim.
- Manufacturing Defect: When the product has a manufacturing defect, something in the creation of the item makes it unsafe. For example, the type of plastic used for a specific product might break too easily and not be as sturdy as it claims to be.
- Design Defect: A design defect means that the danger is inherent in the design of the product itself. The company should recall its product and redesign it to be safe for public consumption. A design defect could also be found in the product’s packaging. For example, a children’s toy could be safe for play but packaged using harmful materials.
- Insufficient Instructions or Warnings: A company might manufacture a safe product with no manufacturing or design defects, but there could be insufficient instructions for the product to be used safely.
If you or a loved one has been injured by any of these defects, a Marksville product liability lawyer can help you navigate the legal process, guiding you every step of the way.
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What Classifies a Defective Product?
Any product that causes injury with reasonable, intended use could be considered defective. If this is the case, then the company that manufactured the product would be the party responsible. Some of the most common defective products are cars with faulty parts, mislabeled or unsafe medications, and unreliable medical devices.
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Damages in a Marksville Product Liability Case
There are quite a few damages that you can recover from a product liability case, including:
- Compensatory Damages: These are designed to cover any lost income, medical bills, or property damage caused by the defect.
- Pain and Suffering: This damage acknowledges the physical and emotional pain you experienced as a result of the defective product.
- Loss of Consortium: This represents the negative impact your injury has had on your personal relationships, especially your spouse.
- Punitive Damages: Punitive damages are intended to punish the defendant and set an example to others in the community, helping to ensure that such behavior isn’t repeated elsewhere. These are awarded very rarely.
There are many more damages that your Marksville product liability lawyer can recover on your behalf, addressing every one of your losses. Your lawyer can determine exactly which damages apply to your case.
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What Evidence Do You Need To Prove a Product Liability Case?
As a state, Louisiana follows strict liability, which does not require you to prove fault. You just have to prove that the product was defective and that the manufacturer’s negligence caused your injuries. That said, there are a few key pieces of evidence that could help in your case, including:
- The actual product itself
- Where it was purchased
- Any materials included with the product
- Pictures of your injury
- Medical records, bills, and documentation of the injury
- Paystubs or any documentation showing lost income
- Receipt for the damaged product or photos of any damage it caused to other property
It’s also a good idea to begin documenting everything in a journal or notebook, including:
- Details of what happened
- Witness testimony
- Descriptions of your injuries and how they’ve affected your life
- Doctor’s appointments and the total distance traveled as a result (keep copies of receipts for travel expenses, if applicable)
- Time off work
These are important things to consider as they show the real-life impact of the injury on you, your family, and your everyday life. If you have any other details of what occurred as a result of the product defect, document those as well.
Statute of Limitations for Product Liability
There is a statute of limitations to file different types of cases in every state. For product liability in Louisiana, this is generally one year, beginning at the time of injury. However, there are some exceptions.
For example, “delayed discovery” states that the period does not begin until the injury or effect is discovered. This is important in cases such as cancer diagnosed after being exposed to a hazardous chemical used in the course of someone’s work and not discovered for a few years. The law offers exceptions for these and other circumstances. A Marksville product liability lawyer from our firm can help ensure that your case is filed on time.
Contact Your Marksville Product Liability Lawyer Today
Defective products can cause serious injuries, affecting every aspect of your life and the overall well-being of both you and your family. If you’ve been hurt by an unsafe product, reach out to your Marksville product liability lawyer. Solid legal help is just a phone call away.
Contact Laborde Earles Injury Lawyers today to schedule your free case evaluation. Let us handle the legal work while you rest and recover from your injuries.
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