Stories about defective products appear in the media every day.
Possible Recoverable Damages in Product Liability Cases
You could be eligible to receive both economic and non-economic damages from the negligent party in your product liability case.
Holding a Manufacturer Liable for Injuries Caused by a Dangerous Product
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 (RS) §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 attorney in Marksville to more efficiently collect evidence of harm, document product failure, and work to demonstrate a product maker’s liability.
Proving Strict Liability in a Defective Product Case
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 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.
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