When consumers get hurt by defective or dangerous products, there is often a legal recourse for the victims. You can take action against the manufacturer, designer, distributor, or seller of the item, depending on the circumstances. Our personal injury attorney can walk you through your options.
Our Terrytown product liability lawyer can help if you got hurt or lost a loved one because of a defective product. Many items fall within the category of defective products. For example, power tools without safety guards, prescription drugs that cause harmful side effects, and exploding airbags in cars or trucks could be subject to a lawsuit. If you were injured by a product, it won’t hurt to ask if you’re eligible to file a case.
Compensation for Getting Hurt by a Defective Product
Product liability cases are a form of personal injury case. In Louisiana, you can seek damages for your economic and non-economic losses in this type of legal action.
Economic losses include expenses that can be confirmed with bills, receipts, employment records, and other documentation. They may include:
- The cost of the medical bills you incurred to treat injuries related to the defective product
- Wages you lost when you could not work because of your injuries
- Damaged property from the product’s failure
- Future economic losses, such as recurring medical care, reduced earning capacity, and home modifications for severe physical injuries
This category of damages does not have a paper trail like economic losses do. These are personal, subjective losses pertaining to your pain, emotional trauma, relationships, and life enjoyment.
- Pain and suffering refers to the injured person’s physical discomfort, inconvenience, and emotional distress because of the injury.
- Loss of enjoyment of life addresses the impact that a debilitating injury can have on a person’s recreation, emotional stability, and independence.
- Disfigurement covers the scarring and permanent physical changes that some injuries create.
We can talk with you at length about how getting injured by a defective product has impacted your life. We want to account for all of the losses you’ve experienced, so you receive appropriate compensation.
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.Client
How a Terrytown Product Liability Lawyer Can Help You with Your Claim
As your legal counsel, it’s our job and our pleasure to handle the legal aspects of your case, so you can focus on your priorities. Here are some ways we can help:
- We can assess your situation to determine if you have a product liability case that could result in compensation for you.
- We can deal with the defendant and their insurer on your behalf.
- We can negotiate to reach a fair settlement.
- We can take the case to trial if appropriate.
Product liability lawsuits are labor-intensive and can go on for a long time, but during the process, we’re fighting for life-improving compensation. When we handle your claim, we will do the heavy lifting. You get to focus on your health while we take care of the legal work.
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 | Client
Liability in a Product Liability Case
If a person using an unmodified product according to instructions gets injured, they might have a case for compensation. Consumer goods are supposed to be safe for use as intended. However, there are other ways a person may be eligible to file a product liability case.
Under strict liability, sometimes users are eligible for compensation when they are injured by a product even if the companies that produced it did nothing wrong.
Other times, a company may be held liable for producing a product that breaches its own warranty by not working as intended.
However, probably the most common method of pursuing compensation involves proving that someone in the chain of production was negligent.
Negligence in Product Liability Cases
Negligence can involve mistakes made in the design or manufacture of the product. When the maker or distributor fails to include adequate instructions on correct assembly or use, or does not provide warnings about known hazards, they may also be held accountable for negligence.
Essentially, your lawyer can investigate the design, manufacturing, and distribution process for the product that injured you. If there is any indication that one of these processes was done poorly, this may be sufficient evidence for your case.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.Client
Examples of Defective Consumer Goods That Have Ended Up in Litigation
Automobile makers have gotten sued for airbag defects and other defective parts. Breast implants have been linked to cancer in some people. Companies using asbestos got sued for claims that their products caused mesothelioma and other debilitating diseases.
These examples are just the tip of the iceberg of consumer products that can be the subject of product liability lawsuits. If you were injured by a product, there’s a high likelihood that you aren’t the only one. Talking with a lawyer can help you determine if you have a case for compensation.
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.Client
No Upfront Legal Fees in These Cases
Product liability lawsuits are expensive because we usually have to file a lawsuit against a massive corporation that has lots of money to defend itself in court, and we often need to use expert witnesses to prove our case. Most injured individuals do not have the financial resources to successfully litigate their claims if they try to do so on their own without a lawyer.
Because product liability lawsuits are a form of personal injury case, we do not charge upfront legal fees on these claims. Instead, we enter into a contingency fee agreement, whereby we wait until the end of the case to get paid for our work. We will receive a percentage of the settlement amount or jury verdict award. If you do not win, you do not owe us any legal fees.
There Is a Filing Deadline for Product Liability Lawsuits
Louisiana has a short statute of limitations for injured people to take legal action against those who harmed them. Under CC Art. 3492, you must file a lawsuit within one year of the incident or when you discovered the injury or harm caused by the product.
Statute of Limitations for Wrongful Death Cases
If you lost a loved one because of a harmful product, your wrongful death case must be filed within one year of their passing, according to CC Art. 2315.2. We know that taking action after a loss like this can be hard. We hope you’ll allow us to take on your legal battle, so you can mourn while we fight for your financial recovery.
How to Get Started on Your Terrytown Product Liability Claim
At Laborde Earles Injury Lawyers, we work hard to help people harmed by the carelessness of others. We are happy to provide a free consultation to find out if we are the right law firm for your case. Call or fill out our contact form to get started.