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.

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What 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.

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The 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.

Who 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.

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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.

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I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's,...

I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's, Amber, Toni, Debbie, Alana & Erica are absolutely amazing. You couldn't have ask for better. And to Rachael, she was so sweet the other day when I needed some information about when my advance was going to be ready. Thank you Laborde Earle's Law Firm for always being the Best.

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New Orleans

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs. Courtney. I spoke with her multiple times, and each time she was patient and answered every question I had. She made me feel like I was the only client. Grateful for her and Laborde Earls!

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Alexandria

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! ...

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! She is the best, I 1000% recommend her if you have any questions!

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New Iberia

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go throu...

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go through. They checked in on us to see how things were going with DR appointment and therapy. They checked in on the phone or by text and if I had a question and I was in Lafayette and I would stop by the office one of them would come to answer my questions. I truly appreciate the response and respect that they showed to me and my husband and I would really recommend them to family and friends.

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I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situat...

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situation. They made everything easy to understand and handled every detail with care. I felt supported the whole way through. I highly recommend Renee McCaslin to anyone looking for a paralegal who goes above and beyond.

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Rosann Roberts

Lake Charles

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other thing...

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other things. Her detailed skills are very delightful. She goes out of her way to check on us, make sure we don't have any questions, and she is always on point. She moves very quick and always goes above and beyond for us to make sure we understand the process. I am so glad I ran into Laborde Earles and Alexis. Everyone will know about this company for sure and Alexis

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Lafayette

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - profession...

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

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New Orleans

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anonymous

Car Accident

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. He...

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. Her kindness and clear communication made everything smooth and easy. Highly recommend working with her and the Laborde Earles Law Firm!

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Lafayette

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Should 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.

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 to schedule your free consultation today.

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