Even with countless safety standards and labeling requirements, you never know what products might have dangerous defects. In 2014, 5 to 10 percent of all personal injury cases were based on product liability. Defective products are not always faulty automobiles and power tools. For example, electronic devices have been recalled due to battery explosions and fires.
If a defective product injured you, you are not alone. You have experienced enough stress and headaches in dealing with your injuries. A personal injury attorney near you could take some of the burden off of your shoulders. A committed Avoyelles Parish defective products lawyer could take a look at your situation and help you determine what options you may have moving forward.
There are three major categories of product defects that cause injuries. Each of these defects could give rise to civil liability on the part of the defendant.
A manufacturing defect occurs when a product departs from its intended design. These kinds of defects often occur during the manufacturing process, on the assembly line, or in the factory. For example, if a chainsaw’s intended design was to shut off automatically when someone put their fingers near the blades, but it malfunctioned and caused an injury to the handler, a manufacturing defect may have taken place.
Design defects occur when products were inherently unsafe prior to production. Even if a product was perfectly manufactured to exact specifications, a design defect could lead to serious injuries. For example, a ladder that could not support a person’s weight may have a design defect.
Lastly, defective product injuries in Avoyelles Parish may also arise when the product fails to warn the user of its risk of harm. Inadequate instructions and improper labeling are common examples of “failure to warn” marketing defects.
Product liability cases could be based on negligence or strict liability. Any of the three defects could be used as evidence in a negligence case. Plaintiffs would need to prove that the defendant owed a duty of care to them, breached that duty, and caused the victim’s injuries.
In a strict liability cases, plaintiffs are not required to prove duty of care. A product liability plaintiff in Avoyelles Parish could hold a defendant strictly liable if they show that the product was sold under an unreasonably dangerous condition, that the seller intended the product to reach the consumer without any material changes, and that the defective product injured the plaintiff.
Under Louisiana Civil Code Article 2323, product defect victims in Avoyelles Parish may seek recovery for their personal injuries related to a defective product, regardless of how much they contributed to the cause of the injury.
Louisiana is a pure comparative fault state, which means that the plaintiff’s overall recovery is reduced by their percentage of fault. For example, if a plaintiff is injured by a product but is found 60 percent at fault for causing their injuries, their awarded damages would be reduced by 60 percent.
The process of regaining your health is challenging enough. Dealing with insurance companies, opposing lawyers, and legal procedures by yourself could leave you at a disadvantage. With a knowledgeable Avoyelles Parish defective products lawyer by your side, you could worry less about how you are going to get through the road to legal recovery. To learn more about what options may be in store for you, call now for a consultation.