When you buy a product, you expect that it to be safe and effective to use. However, that is not always the case. Sometimes, products can malfunction or expose consumers to dangerous conditions, leading to serious injuries. You have legal rights if you suffered an injury due to a malfunctioning, defective, toxic, or otherwise unsafe product.
In Louisiana, consumers can file a personal injury case in the event of injury due to a defective or malfunctioning product. A New Iberia defective products lawyer from our firm can help you build a claim or lawsuit to prove negligence. At Laborde Earles Injury Lawyers, we are dedicated to working with defective product victims to seek compensation for their damages from the liable party.
What Are the Types of Product Defects?
There are several ways a product can be considered defective, according to the Louisiana Products Liability Act (LPLA). Therefore, it’s essential to understand the types of product defects to determine if you qualify to file a compensation claim. Specifically, RS 9:2800.54 outlines four ways a product can be considered unreasonably dangerous. A product is unreasonably dangerous if:
It Is Dangerous in Construction or Composition
If a product doesn’t work in the way it was designed, it is considered to have a manufacturing defect. This type of product defect usually happens during production. It can impact a single product in a production run or several products in one or more production runs.
It Is Dangerous in Design
If a product is designed in a way that makes it dangerous to consumers, it’s considered to have design defects. A product manufacturer could be liable if they created a product deemed defective or unsafe based on current technology and product design standards. Additionally, a manufacturer could be liable for failing to test a design properly before releasing the product to the public.
The Manufacturer Has Not Provided Adequate Warnings of Dangers with the Product
Some products require instructions or warnings for safe consumer use. If a product manufacturer doesn’t include the necessary notices, they could be liable if injuries happen because of the lack of warning.
Therefore, product manufacturers must include specific information about how to use the product safely, especially if the consumer must use the product in a certain way to avoid injury.
It does Not “Conform to an Express Warranty of the Manufacturer About the Product”
When you buy a product, you expect it to work for the intended purpose as advertised. When this doesn’t happen, the manufacturer has breached the express warranty on the product and could be liable if you get hurt as a result. Louisiana law explicitly states that whatever characteristic of the product that makes it unsafe must exist when it leaves control of the manufacturer.
At Laborde Earles Injury Lawyers, we have extensive knowledge of product liability law in Louisiana and how to use the details of the law to help injured consumers in New Iberia recover compensation for their losses.
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.
ClientWhat Are My Rights If I Purchase a Defective Product?
In Louisiana, you have the right to file a claim against the responsible party if a defective product led to your injuries. However, it’s important to note that you can only bring a claim if you have damages due to the defect. Our team of product liability attorneys can help review the facts of your case to determine if you can seek compensation in New Iberia.
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 | ClientThe Louisiana Products Liability Act
The Louisiana Products Liability Act covers a range of different items, such as:
- Vehicles, including individual parts like airbags and tires
- Household items
- Health and beauty items
- Chemicals, such as herbicides and pesticides
- Medical devices
- Pharmaceuticals
- Any product with the potential to cause injuries
For example, if you were injured in a bicycle accident that was caused by a defective break, you could claim damages from the manufacturer. Our legal team includes experienced bicycle accident lawyers in New Iberia, who will investigate the circumstances of the incident and identify the responsible party.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWho Is Responsible If a Faulty Product Hurts Me?
Several different parties throughout the supply chain could be held liable for injuries from a defective product. Depending on the specific facts of your case, the following could be responsible:
- Parts or component manufacturers
- Product manufacturers
- Distributors
- Retailers
Our team of attorneys can help you determine who may be liable for your injuries and work to ensure everyone responsible appears in your claim.
Other Responsible Parties
Sometimes, other people may also be responsible for the damages you experienced. For example, let’s say you experienced severe side effects from a medication. Let’s also say the doctor failed to warn you about the drug’s risks even though they knew about them.
In this case, you might also sue the doctor for medical malpractice in addition to filing a claim against the drug’s manufacturer or distributor.
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.
ClientShould I Hire an Attorney for My New Iberia Defective Product Case?
If you have been hurt because of a defective product, you can always handle your case independently. However, it can be challenging to gather the evidence you need to prove your claim. There are also specific challenges to be aware of in a faulty product case.
At Laborde Earles Injury Lawyers, our product liability lawyers know what it takes to build a claim for compensation while avoiding the common pitfalls of defective product cases.
How Can a Product Liability Lawyer Help?
Our team can help you with all aspects of your case, including:
- Reviewing the facts to identify the defect that injured you
- Analyzing the entire supply chain to ensure all responsible parties are named
- Investigating the cause of the accident
- Gathering evidence to show that the product was defective at the time it left control of the manufacturer
- Partnering with experts to prove your claim
- Preparing all legal documents required and handling communication with the other party
- Calculating an accurate compensation figure to include all types of damages you may be eligible for
- Conducting all settlement negotiations and appearing on your behalf when needed
- Taking your case to trial if necessary
- Providing advice and guidance about what you can expect every step of the way
Our extensive experience in handling product injury cases in New Iberia, Louisiana can help ensure you build the strongest possible claim for compensation. We know every situation and circumstance is different, so we will work with you to create an individualized plan based on the facts of your case.
How Much does It Cost to Hire a Defective Products Lawyer?
After experiencing injuries from a defective drug, medical device, or other product, you are probably worried about the financial side of things. You have medical bills. Maybe you haven’t been able to work as you did before. Can you afford a lawyer?
At Laborde Earles Injury Lawyers, we follow a contingency-fee structure. This means we don’t charge you upfront for our services. We will only charge you if we help you recover compensation. We can go over your situation and your legal choices before you worry about any fees.
How Long Do I Have to File a Defective Product Lawsuit?
Defective products can cause severe injury and sometimes even death. However, you still have a limited window to file a lawsuit. Each state has slightly different statutes of limitations. Under Louisiana CC Art. 3492, you usually have just one year to file any lawsuits related to defective products.
This deadline is from the time the damages or injuries happened. Consulting with an attorney early can help you explore your legal options and file a lawsuit before the deadline.
We Have Helped Others With Their Defective Product Cases, and We Can Help You Too
We are proud to serve our clients in the New Iberia area. We have worked to help our clients recover over $1 billion in compensation from their personal injury cases.
After working with us, many of our clients highly recommend our services. Here’s what just a few of them have had to say:
- “Great guys. Easy to talk to and even easier to work with. Highly recommended.” – Tim
- “[Laborde Earles Injury Lawyers] treated me professionally and politely. They assigned someone to me that checked on me daily and weekly to make sure all my questions were answered and to keep me informed about every step in the process. They really are On My Side.” – David
- “Top notch law firm! They go above & beyond and fight for you. I highly recommend!” – Shane
Contact Us About Your New Iberia Product Liability Case Today
If you have been injured because of a defective product in New Iberia or elsewhere in Iberia Parish, call us today. Our legal team at Laborde Earles Injury Lawyers will help ensure you don’t miss the chance to seek compensation for your injuries.
Call us at (337) 777-7777 to schedule your free consultation today.
