According to Louisiana Revised Statutes (RS) §9:2800.54, product manufacturers may be held liable for damages that their product causes if there is a legitimate defect with it. If a consumer or product user gets harmed by the product despite using it as it was intended to be used, they must provide proof for how the product is “unreasonably dangerous.”
Products go through a series of approvals in the design and manufacturing process before they hit the market. Therefore, when a defective product harms an individual, multiple parties may be held liable for damages, depending on the defect. If you were harmed by a defective product, you might be eligible to file a claim or lawsuit against the liable party or parties to receive compensation.
If you reside in Metairie or an area close by, you can hire a Metairie defective product lawyer from Laborde Earles Injury Lawyers to handle your case for you or provide legal assistance.
If you have more questions about the defective product legal process, call our team at (337) 777-7777 for a free consultation.
Three Types of Defects Can Deem a Product “Defective”
The Legal Information Institute (LII) names three categories that defective products can fall under, which are:
- Design defects: these defects occur before the product is even made. These errors occur in the design phase and might involve issues with the product’s intended use, mechanisms, or chosen components, such as a car designed without room for proper airbags.
- Manufacturing defects: these defects occur during the manufacturing and production phase and might involve issues with the product’s quality, make, and materials. An example would be a ladder made with weak or brittle screws.
- Improper labeling or marketing: these defects occur during the marketing stage when products are tested, labeled, and marketed to the public. These issues might pertain to the way a product was labeled or sold to the community, meaning a warning label was not accurate or present to keep people from harm.
While many defective products exist in the world, not all products with errors qualify for a product liability case. To pursue compensation in a product liability case, the product must have caused you serious harm despite using it correctly. If a product caused you to develop an injury or illness after using it, you might be eligible for compensation.
Some examples of defective products include:
- Prescription medicines with abnormal side effects not listed on their labels
- Vehicle design and manufacturer defects
- Electrical-powered devices that short-circuit and cause injury during use
- Defective children’s toys and baby devices
- Food items with toxins, bacteria, and poisons or that are found to be carcinogenic
There is a wide range of defective products, so the product involved in your case might not be listed here. Do not hesitate to call our law firm to ask about your case. You might still qualify.
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The Burden of Proof Falls on the Plaintiff
When claiming a product is defective, you and your legal team will need to build an argument that proves the business or manufacturer was negligent during the product’s design, manufacturing, or marketing process. One thing you might request to begin building evidence for your case is a consumer expectations test, which is standard for many product liability cases. This test determines if a design defect exists and fails to meet the reasonable expectations a consumer might have about a product.
However, if the defective product requires more technical or mechanical knowledge to understand (e.g., a vehicle part), you might need to provide other forms of evidence that show how it was defective. For example, you might consult a mechanic about the quality of a vehicle part to determine if it caused an accident, or you might consult a pharmacist or drug manufacturing expert to confirm the safety of a prescription drug.
Mass Tort Options
In cases where a company might have produced defective products en masse, you might be interested in investigating whether other individuals have a case involving the same product. Mass torts allow numerous people who have been harmed by a product or action to pursue compensation based on shared experiences. Mass torts may also serve as catalysts for recalls of defective products and help future consumers avoid injury.
Laborde Earles Injury Lawyers handles both product liability and mass torts cases, and sometimes the two practice areas combine. Call (337) 777-7777 to speak with one of our law firm representatives and get more information about your legal options.
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A Metairie Defective Product Lawyer Can Help You File Your Case
If you were injured by a defective product, you are limited in how long you have to file your case against the liable party or parties. Depending on the defect, you might be able to pursue compensation from:
- The product company
- The product designer
- The product manufacturer
- The department in charge of labeling or marketing for the product
- The business that sold you the product
- The delivery service, if the product became defective during transportation
- The pharmacist or medical professional who administered the product, if your case involves defective drugs
You generally have about one year to file your lawsuit, according to Louisiana Civil Code (CC) §3492. This time limit can get complicated if you intend to file multiple lawsuits against different liable parties. Your lawyer may assist you with this task and help you file your case by the statutory deadline.
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Let Laborde Earles Injury Lawyers Help You Fight for Compensation
Manufacturers and businesses should be held liable for defective products they put out and sell in the market. If you bought an item and sustained an injury because it was defective, you might be eligible to file a product liability case and claim compensation. Should other parties experience injuries or damages from the same product that caused you injury, you might be able to join a mass tort effort to hold the business responsible for their action.
Call (337) 777-7777 and let our staff know about the defective product that injured you. We can assign a Metairie defective product lawyer to manage your claim or lawsuit and guide you throughout the litigation process, whichever route it takes. We want to help you get the justice you seek. Call today.
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