What Is Product Liability?

Product liability laws are designed to hold product manufacturers responsible for injuries caused by their defective products. However, these defects don’t have to be due to negligence. Product liability claims can also be filed under the following:

(1) Theory of strict liability or the imposition of legal responsibility for injuries or damages even if the individual(s) found liable did not act with fault or negligence.
(2) Breach of warranty of fitness or that a product’s purpose is implied (but not met) when a buyer depends upon the seller to select the goods needed to serve a specific request.

Product liability lawsuits are relatively common and have likely impacted more than a few products that are familiar to the average American. It has definitely been of keen interest to manufacturers, as shown by the growing amounts spent on premiums for product liability insurance.

According to the Insurance Information Institute (III), in 2020, insurers wrote more than $3 billion in premiums for product liability insurance—up by about 50 percent in less than ten years.

A Defective Product Case May Involve Multiple Liable Parties

If you believe a product you’ve purchased has caused a severe injury or illness, you may have grounds for a product liability lawsuit. It is important to note that you do not have to be among the first plaintiffs to have used the product(s) in question to seek compensation for your losses.

You have to show a connection between your illness or injury and a defect in the product. But that defect does not have to result from willful misconduct or negligence. A manufacturer can be held liable for superficial mistakes that occur in the design or making of a product or for neglecting to describe the product’s use or provide appropriate warnings to users.

Louisiana has an act called the Louisiana Products Liability Act. It prevents manufacturers from creating a dangerous product without repercussions. According to the RS § 9:2800.54, you may be able to hold a manufacturer liable for injuries if:

  • The product’s composition or construction caused danger
  • The manufacturer did not give an adequate warning for possible dangers
  • The product’s design caused danger

Different parties may be held liable for your damages, depending on how the product was defective. These parties may include:

  • The product manufacturer
  • The company that made the product
  • The wholesaler
  • The store that sold the product to consumers

How a product is defective may determine which party or parties may be held liable for the harm they cause to others. You must be able to prove how the product is defective and who caused it if you decide to pursue compensation.

Moreover, if an event like this happens to you, preserving documentation is essential. Please do your best to ensure you maintain the product in its current form, collect documents as evidence as to where and when you purchased it, and write down notes, including dates, places, and time regarding what occurred before the use and in its aftermath.

Often, consulting a defective products lawyer can expedite this process, as they can determine the documentation required and how to obtain it. You may want to consider scheduling a consultation with product liability counsel such as the experienced team at Laborde Earles Injury Lawyers.

Your New Orleans defective products attorney can then help you identify the appropriate parties for a lawsuit. The ultimate liability for a product defect could be found anywhere in a long chain of events that ends with delivering a product to a store for purchase.

We can help you build your case for the injuries you suffered after using a defective product. After reviewing your evidence and learning the details of your accident, they may be able to determine which party (or parties) should be held responsible.

We Want to Work for You

When you or a family member has been injured by a defective product, it can benefit you to seek legal representation. We represent injured clients in the New Orleans area, and it is our job to fight for victims like you and to seek fair compensation. We will take care of everything while you are recovering from your injuries. We will handle the following tasks on your behalf:

  • Collecting evidence, including pictures and videos of the product and your injuries
  • Managing communications with the liable party and the insurance company
  • Handling settlement negotiations with a claims adjuster
  • Litigating the case if we cannot arrive at an agreed settlement
  • Making in-person appearances in court on your behalf
  • Hiring a medical expert or accident reconstructionist
  • Obtaining medical records and bills
  • Defending your rights

This is not an exhaustive list of what our lawyers do for our clients. Every case is unique, and we will do what we can to get you compensated for this avoidable accident. We will keep you informed as your case progresses.

Products May Be Defective in One of Three Ways

There are three ways a product might be defective. Product defects may occur in their design, manufacturing, or labeling. Depending on where in the process the product was made defective, one or more companies may be held responsible for your injuries.

Defective Design

A defective design occurs when the actual design of the product is defective. If the design error is not caught in time, it may affect all the products created. In this case, the company that designed the product may be responsible for your damages and injuries.

Manufacturing Defects

A manufacturing defect occurs when the actual product is being created. Because the defect is not design-related, it might only affect a few products, which can be recalled and replaced.

Warning Labels

Warning label defects occur when a label fails to warn consumers that a product can be hazardous if proper precautions are not taken. The warning label must be clearly visible to the product’s user. If the warning label is not visible, this may be considered a failure to warn a defect.

Any Product Can Become Defective

Any product that is made has the potential to become defective. Some products experience more defects than others. The following are three common types of defective products found in today’s markets:

Heavy Equipment

Sometimes, heavy equipment or other materials used on the job fail, resulting in major workplace injuries. In this situation, you can contact a New Orleans workers’ compensation accident lawyer for assistance with your claim.

Children’s Toys

Children’s toys can easily have a dangerous design. From choking hazards to sharp objects, these toys have the capability to injure a child.

Vehicles

Vehicles go through extensive testing before they are released to the public. Even after testing, there might still be defective parts. The smallest flawed vehicle part can have a disastrous effect, causing an accident on the road.

Household Appliances

Defective household appliances can have severe effects. A faulty microwave, oven, curling iron, or dishwasher may damage your home or injure you and your family.

A Lawyer Can Help You Pursue Multiple Damages

If you were injured due to a defective product, you should not be left with the financial burden that your injuries caused. The cost of damages and injuries from a defective product can add up quickly. In your pursuit of compensation, your lawyer may fight for the following damages to be covered:

Medical Expenses

Medical expenses may include costs for doctor’s visits, hospitalization stays, blood tests, imaging exams, medication, and surgeries. Depending on how severe your injuries are, you may also require long-term medical care or assistive devices, which you may include in your compensation letter.

Property Damage Costs

Defective products that are flammable may cause a fire if set off, which might damage your home, car, personal items, or any other form of property. Another example might involve a defective vehicle part, which could cause a car accident and damage your vehicle.

Loss of Income/Diminished Earning Capacity

If your injury caused you to miss work, you might be entitled to receive compensation for your lost wages. Whether it was just a few days missed at work, or you lost your job completely, your lawyer may account for these losses when pursuing compensation for you. If you are forced to take a lower-paying job due to your injuries, you may be compensated for this as well.

Pain and Suffering

The pain and suffering you endured because of a defective product should not go unaccounted for. This type of damage may include the physical and emotional pain you went through due to your injuries.

The Financial Cost of Product Liability

You may have become ill or been seriously hurt due to a defective product’s use. If so, then there are many potential cost areas that you might be able to recover in a lawsuit or via negotiations with insurance agencies.

Each case is unique, but typically you might be able to obtain relief for issues such as medical bills, lost income for time off work, future reduced earning ability, the emotional stress caused by any component of the product’s liability, and lessened quality of life.

Let Laborde Earles Injury Lawyers Help You With Your Case

As outlined in CC Art. 3492, you generally have up to one year after your accident or injury to file a lawsuit. You might feel like there is no rush to take action, but our attorney needs as much time as possible to work on your case.

There is a lot to get done, and we want to construct a solid case. We may be able to achieve the best possible outcome for you by getting started on your case sooner than later. We can help you fight for the compensation you need.

Laborde Earles Injury Lawyers wants to help you build your defective product case. During negotiations or at trial in the New Orleans area, we can represent you and give you a fair fight against other legal defense teams and insurance companies.

A team member can meet with you during a free case review to learn more about your situation and let you know how one of our attorneys can help. Contact us to get started today.

View More Articles Trusted Voices Sharing What Matters

Blog Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

Now that Louisiana has set a new two-year statute of limitations on tort claims, injury victims will have more time to take legal action for...

Read Full Article
woman in neck brace talking to lawyer

FAQ Can Insurance Companies Access Your Medical Records?

If you’ve been injured in a car crash or another type of accident in Louisiana and you need to pursue a personal injury claim, you might be ...

Read Full FAQ
laborde earles injury lawyers

Blog 2024 Atlantic Hurricane Names – Active Season Predicted

As the 2024 Atlantic hurricane season approaches, forecasters are predicting another active few months for tropical storm development. The N...

Read Full Article

FAQ How to Prepare for a Deposition in a Personal Injury Case

You can prepare for a deposition in a personal injury case by learning what to expect, reviewing the facts of your accident, and working wit...

Read Full FAQ
law statue

Blog Digger Earles Honored With Appointment to GLP-1 Plaintiff Steering Committee

In a significant victory for plaintiffs in the high-stakes multi-district GLP-1 litigation, renowned Lafayette personal injury lawyer Digger...

Read Full Article

FAQ Can You File Two Claims for an Accident With Different Insurance?

If you’ve been hurt in a car crash, slip and fall, or another personal injury incident, you might be wondering if you can file two claims fo...

Read Full FAQ
big rig car accident

Blog $1,400,000 Settlement for Alexandria Woman in Car Accident

When it comes to being injured in a car accident, choosing the right attorney can be the difference between getting $1,400,000 in 9 months i...

Read Full Article

FAQ What Is the Average Settlement for a Burn Injury?

According to our Lafayette burn injury lawyers, there is no average settlement for a burn injury. Each burn injury case is highly unique and...

Read Full FAQ
mardi gras beads

Blog Safety Tips to Help Stay Safe During Your Mardi Gras Celebration

Mardi Gras is a grand and celebratory holiday filled with parades, live music, picnics, and much more. From the crazy costumes to the colorf...

Read Full Article

FAQ What Is the Average Settlement for an Amputation Injury?

Amputation injuries are catastrophic events that lead to profound physical, emotional, and financial challenges. Losing a limb not only alte...

Read Full FAQ
two workers in orange suits

Blog $42,000,000 Settlement for Burn Victim in Plant Explosion

What our client thought would be a normal workday at the plant left him questioning whether or not he could fulfill his role as a father and...

Read Full Article

FAQ What Is the Average Settlement for a Paralysis Injury?

Paralysis injuries can change every aspect of your life in an instant. From the physical challenges of loss of mobility to the emotional and...

Read Full FAQ
cars driving in the fog

Blog Were You Injured in a Super Fog Vehicle Accident in Louisiana?

Early Monday morning, October 23rd, a dense “super fog,” a rare weather condition created by the mix of smoke and fog, resulted in a tragic ...

Read Full Article

FAQ How to File a Lawsuit if You Suffer Burn Injuries in an Accident

Burn injuries can change your life in an instant. The physical pain, emotional trauma, and financial stress they bring are overwhelming. Whe...

Read Full FAQ
group holding up a piece of paper

Blog Laborde Earles Wins Verdict 51,000% Higher Than First Offer

One morning, Rick Smith was driving his truck, like he did every day, when an accident in Lake Charles changed his life forever. Rick was le...

Read Full Article

FAQ How to File a Lawsuit if You Have an Amputation Due to an Accident

Losing a limb due to an accident is a devastating experience, both physically and emotionally. Beyond the personal challenges, the financial...

Read Full FAQ
personal injury claims graphic

Blog Whom Do You Sue in First-Party vs. Third Party Personal Injury Claims?

Whether you will file a first-party vs. a third-party personal injury claim depends on who is responsible for your injury. For instance, in ...

Read Full Article

FAQ How to File a Lawsuit if You’re Paralyzed in an Accident

If you’re paralyzed in an accident, you file a lawsuit by working with a lawyer; they will investigate the accident, prove fault, and take l...

Read Full FAQ
construction worker laying down

Blog 8 Crucial Steps to Take after a Slip and Fall on a Commercial Property

In the immediate aftermath of any serious injury, it can seem impossible to think clearly. Slip and fall accidents are unexpected—amid the s...

Read Full Article

FAQ What Is the Average Settlement for a Tailbone Injury?

If you’ve suffered a tailbone injury, you might wonder what sort of settlement you can expect. A Lafayette personal injury lawyer can help p...

Read Full FAQ
man writing in a binder

Blog 8 Reasons to Consider a Personal Injury Attorney

If you believe someone else is to blame for your injury, a personal injury lawyer from our office can help you make a strong case for compen...

Read Full Article

FAQ What is the Average Settlement for a Sternum Injury?

When people come to Lafayette personal injury lawyers, they often ask if there’s an average settlement for a sternum injury. The truth is, t...

Read Full FAQ
lawyer in court

Blog How Personal Injury Lawyers Use Questioning to Obtain Information

In order to ensure that we get the information needed to help our clients, our personal injury lawyers use questioning techniques like the f...

Read Full Article

FAQ Can I Get Pain and Suffering Damages for a Spinal Cord Injury?

Yes, you can often get pain and suffering damages for a spinal cord injury. These injuries bring serious physical and emotional struggles. A...

Read Full FAQ
putting kid in a car seat

Blog Car Seat Laws in Louisiana

Child safety on the road is a serious matter in Louisiana, and the state imposes strict laws about when a child must be in a car seat. The s...

Read Full Article

FAQ Can I Get Pain and Suffering Damages for a Neck Injury?

Yes, you can often get pain and suffering damages for a neck injury. These damages acknowledge both the physical pain and the emotional chal...

Read Full FAQ

Blog Bodily Injury vs Personal Injury

Many people often use the terms bodily injury and personal injury interchangeably, but they have different meanings. Bodily injuries involve...

Read Full Article

FAQ How to Sue for a Brain Injury After an Accident

A lawyer can explain how to sue for a brain injury after an accident. Typically, you begin by filing an insurance claim or a personal injury...

Read Full FAQ
foot in boot

Blog 5 Tips for Choosing the Best Personal Injury Lawyer

A personal injury lawyer can be your best line of defense if you suffered injuries due to the willful ignorance, incompetence, clumsiness, o...

Read Full Article

FAQ Do I Qualify for the Depo-Provera Lawsuit?

You may qualify for the Depo-Provera lawsuit if you used this medication and developed meningiomas or another medical condition associated w...

Read Full FAQ

Guidance you can trust, from people who actually know.

View All FAQs View All Articles

Our Locations Find Your Local Office

Get Legal Help Today Talk to a Louisiana Local Attorney Today

25+ Attorneys Collaboration on every case

Call Anytime Speak to our local team 24/7

(504) 777-7777
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (504) 777-7777.