Buying or receiving a new product can be fun and exciting. Whether it is a new toy, electronic device, or vehicle, you expect that product to work. If it does not work, it might be not only defective but dangerous. If you were injured due to a damaged or defective product in the New Orleans area, our attorneys may be able to help you fight for compensation to recover your damages.
Laborde Earles Injury Lawyers can help you build a case for financial recovery after being harmed by a faulty product. You trusted the product, and the product failed you. We can review your legal options and next steps during a free consultation.
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.
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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 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 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.
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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.
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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.
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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.
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