Stories about defective products appear in the media every day. When an unreasonably dangerous product injures a consumer, the harmed victim may have grounds under Louisiana law to hold the manufacturer and other responsible parties liable for their negligence with the help of a Marksville defective products lawyer.
Although products liability laws are complex and may only apply to certain manufacturers, a qualified personal injury attorney could help you evaluate the strength of your products liability claim. They could also help people understand negligence, liability, and how to fight for a favorable outcome.
The Louisiana Products Liability Act allows injured people to pursue claims against product manufacturers for injuries that result from using a defective product. In this context, “manufacturers” refers to any person or entity that produces, designs, fabricates, sells, or refurbishes a product. Accordingly, a manufacturer does not have to be the primary maker of a product to bear civil liability—for example, the companies who package or label products for sale could be considered manufacturers.
Under Louisiana Revised Statutes §9:2800.54, product manufacturers may be liable to injured consumers when a product proximately causes damages. However, it falls to the injured party to demonstrate how the characteristics of that product made it unreasonably dangerous. Consequently, many people choose to work with a dedicated defective product lawyer in Marksville to more efficiently collect evidence of harm, document product failure, and work to demonstrate a product maker’s liability.
A product could be considered unreasonably dangerous due to its construction or composition, flawed product design, inadequate safety warnings, or violation of the manufacturer’s express warranty. For a strong claim along any of these lines, the plaintiff—or their Marksville defective products lawyer—must demonstrate that the danger in question existed when the product left the manufacturer’s control.
A product may be unreasonably dangerous due to its construction or composition. This means that a product was designed safely, but a defect appeared during the construction of a product.
A product’s design may be unreasonably dangerous if there is a likelihood for harm when the product is used without any modification. When hearing a claim alleging a product’s defective design, the court may consider if there was an alternative design that may have prevented a consumer’s injuries.
A case based on inadequate warnings centers around a manufacturer’s failure to adequately provide warning about a potential danger associated with proper use of their product. Even if the manufacturer learns of potentially harmful characteristics after a product has left their control, it is still within their duty to reasonably provide consumers with adequate warnings. Failing to do so could lead to liability for damage and injuries.
La. Rev. Stat. §9:2800.58 sets forth the circumstances under which a product may be unreasonably dangerous due to the violation of an express warranty. An express warranty is a statement that asserts a product will work in a certain way. If consumers use the product based on this statement, but the statement is not true, the manufacturer could be held liable for any damages that occur as a result.
Unreasonably dangerous products can result in catastrophic injuries to consumers. If you were hurt due to a defective or unreasonably dangerous product, a Marksville defective products lawyer could offer advice on next steps to take.
However, there are strict time limits on filing a products liability claims under the Louisiana Products Liability Act. For this reason, it may be wise to contact an experienced personal injury attorney as soon as possible.
Following any injuries, qualified legal counsel could help explain how state laws regarding negligence apply to your situation. Schedule a consultation today to discuss your potential claim and take the first step towards a favorable outcome.