You may be able to sue several different parties in a defective product case, including:
- The company that designed the device
- The company that manufactured the device
- A company that manufactured a component included in the device
- The party that put the device together
- The device wholesaler
- The retail store that sold the device
Assigning liability in a defective product case can get complicated quickly, especially if it is difficult to figure out who made the device or a component. In some situations, you may not even know exactly why the device malfunctioned.
A defective product lawyer can make it easier for you to track down this information. In today’s globalized world, it is common for products to come from overseas. This means that you may need to find information about a company in a foreign country, which a lawyer can also help you with.
Types of Defective Products
We are surrounded by so many products on a daily basis that it can be easy to forget that many of them could be incredibly dangerous if they contain a defect. To help protect consumers from defective products, Louisiana has specific laws that spell out when a product maker is liable to an injured victim, such as Louisiana Revised Statutes (RS) §9:2800.54.
In a defective product case, there are typically three different ways that you can prove that the product that harmed you was dangerous:
- Design defects: under this approach, you must show that the product was designed in an unreasonably safe manner and that it is inherently unsafe.
- Manufacturing defects: under this approach, you must show that there was some mistake in the manufacturing process that made the product unreasonably dangerous, such as a missing part.
- Marketing defects: under this approach, you must show that there was a problem with how the product was marketed, such as a misleading label, poor instructions, or a lack of safety warnings.
One of the best ways to figure out what type of defect is involved in your case is to speak with a Louisiana defective product lawyer about your situation.
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Possible Defenses Defendants May Use to Avoid Paying Damages
Defendants in defective product cases may try to argue their product was substantially altered after it left their control, and this alteration was the primary cause of your injury. The defendants may also argue that you were using the product for something other than its intended use and that this misuse of the product excuses them from liability.
You can prepare yourself to fight these defenses by conducting a thorough investigation and gathering as much evidence as possible to show that the defendants are liable for your injuries.
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Damages Available to You in a Defective Product Lawsuit
Injury victims are often concerned about the amount of compensation that they may be able to receive. This is one of the most important aspects of your case because you will typically not be allowed to go back and ask for more compensation once the lawsuit is over.
You should start keeping records of all of your injury-related expenses as soon as possible. These records may include receipts, invoices, bank statements, and emails.
Some of the damages you may be eligible to receive in your defective product case include:
- Medical bills
- Future estimated medical care costs
- Lost wages
- Reduced earning capacity
- Loss of use of a limb
- Disfigurement or scarring
- Emotional distress
- Property damage
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Be Mindful of the Statute of Limitations in Louisiana
Defective product cases can become incredibly complex. A plaintiff may need to consult a number of experts who can testify about the product that caused their injury, how it hurt them, and the long-term impact of their injuries.
When you work with Laborde Earles Injury Lawyers on your case, we can make sure that you are connected with the right experts and put together a strong case on your behalf. We provide legal services to residents of Lafayette and other parts of Louisiana.
When considering legal action for your injuries, keep in mind that Louisiana does not give you much time to sue. Per Louisiana Civil Code (CC) §3493, you generally only have one year to bring a personal injury lawsuit in Louisiana.
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Learn More About Your Potential Recovery with an Attorney Today
To find out more about who you can sue in a defective product case, call Laborde Earles Injury Lawyers today at (337) 777-7777. A lawyer on our personal injury team can answer your questions and provide you with a free case review during this call.
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