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Opelousas Defective Products Lawyer

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Attorney David Laborde | Attorney Digger Earles
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On This Page
  1. Theories of Liability
  2. Causes of Product Defects
  3. Statute of Limitations in Opelousas
  4. Call an Opelousas Defective Product Attorney for Help
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Your personal injury lawyer can help you calculate your recoverable damages, which may include:

  • Medical Bills
  • Income Loss
  • Property Damage
  • Pain & Suffering
  • Emotional Distress
  • Lasting Disfigurement
Opelousas Defective Products Lawyer

The very products that make modern life easy and convenient can sometimes fail, causing significant injury and property damage. If you were hurt by a defective product, hiring an Opelousas defective product lawyer could be the key to recovering monetary losses for the harms you suffered. With help from a seasoned personal injury attorney, you may be able to seek compensation for past and future medical expenses stemming from the incident, loss of income from inability to work, pain and suffering reparations, and property damage.

Theories of Liability

A manufacturer could be held liable for harm caused by an “unreasonably dangerous” product used in a “reasonably anticipated way.” In this context, reasonably anticipated use means that the victim used the product as it was intended or designed.

For example, using a leaf blower to dry human hair is not a reasonably anticipated use of that product. On the other hand, a chair is designed to sit in, but someone might stand on a chair to reach an object on a high shelf. Depending on the type of chair and other attendant facts, this may or may not be considered a reasonably anticipated use of a chair.

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Causes of Product Defects

There are four main ways a product can be considered “unreasonably dangerous.” A product could be unreasonably dangerous when it is defective by design or manufacturing, when product labels or advisories fail to adequately warn users of dangers, or when the product fails to meet an explicitly stated warranty.

Defective design is a legal theory used when there is an innate flaw in the design of a product that makes it dangerous to an unreasonable degree. For this type of defect, a plaintiff must also prove that a safer, economically feasible alternative design existed.

The manufacturing defect theory suggests that the manufacturing process rendered a product unsafe despite its safe design. Failure to warn means that a manufacturer failed to properly inform or instruct users about the dangers the product posed to them.

A failure to meet an express warranty means that a product does not conform to a marketed promise about a product, its specified qualities, or its performance level. To recover damages, a plaintiff must prove that they used the product based on this assertion and that the product failed because the warranty was false.

Each defective products case is unique and requires forethought and strategy to determine which arguments to employ. An Opelousas product liability attorney could work to determine which approach would be best suited to a particular plaintiff’s case.

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I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.

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Statute of Limitations in Opelousas

Under Louisiana Civil Code §3492, the statutory deadline for a personal injury claim is only one year. The clock starts running from the date the injury or accident occurred, so timely retention of a defective products lawyer is often key to a successful case in Opelousas.

However, there is an exception to this rule. If a plaintiff does not realize they have been hurt or had property damaged by a defective product, the one-year countdown begins when the plaintiff learns about or reasonably should become aware of the injury or damage.

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The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

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Call an Opelousas Defective Product Attorney for Help

Understanding your legal options after an accident with a defective product is often the first step towards obtaining a monetary recovery. A skilled attorney could strategize about how best to present your case and what kind of damages you could claim.

Failing to consult with a lawyer may mean that the one-year statute of limitations runs out and you lose the ability to recover any compensation at all. Get in touch with an Opelousas defective products lawyer today to get started on your case.

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Home Damage in Tornado-Causing Storm in St. Landry, Evangeline Parishes & Across Central Louisiana and Acadiana

On Wednesday, April 10, a severe storm system swept through Louisiana, unleashing tornadoes and causing extensive damage across the region, including in St. Landry Parish and Evangeline Parish, and...

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Personal Injury FAQ:
How to Prepare for a Deposition in a Personal Injury Case 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 with a lawyer who can guide you through an important part of

Does Comparative Fault Apply to Insurance Claims? Does Comparative Fault Apply to Insurance Claims?

Comparative fault does apply to insurance claims, lawsuits, and any other actions an individual might take to recover financial compensation after an accident. This is according to Louisiana state

Why Does the Bridge Deck Need Resurfacing at All? Why Does the Bridge Deck Need Resurfacing at All?

MyArkLaMiss.com reported on the recent lane closures on the Atchafalaya Basin Bridge and why they are happening in the first place. In August of 2019, four tractor-trailers were involved in an

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Opelousas Practice Areas
  • Product Liability
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Additional Locations
  • Metairie Defective Product Lawyer
  • Houma Defective Products Lawyer
  • Lake Charles Defective Products Lawyer
  • Marksville Defective Products Lawyer
  • Alexandria Defective Products Lawyer

 

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What Should I Do in the Days Following a Motorcycle Accident? What Should I Do in the Days Following a Motorcycle Accident?
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