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What Are the Types of Product Defects?

There are several ways a product can be considered defective, according to the Louisiana Products Liability Act (LPLA). Therefore, it’s essential to understand the types of product defects to determine if you qualify to file a compensation claim. Specifically, RS 9:2800.54 outlines four ways a product can be considered unreasonably dangerous. A product is unreasonably dangerous if:

It Is Dangerous in Construction or Composition

If a product doesn’t work in the way it was designed, it is considered to have a manufacturing defect. This type of product defect usually happens during production. It can impact a single product in a production run or several products in one or more production runs.

It Is Dangerous in Design

If a product is designed in a way that makes it dangerous to consumers, it’s considered to have design defects. A product manufacturer could be liable if they created a product deemed defective or unsafe based on current technology and product design standards. Additionally, a manufacturer could be liable for failing to test a design properly before releasing the product to the public.

The Manufacturer Has Not Provided Adequate Warnings of Dangers with the Product

Some products require instructions or warnings for safe consumer use. If a product manufacturer doesn’t include the necessary notices, they could be liable if injuries happen because of the lack of warning.

Therefore, product manufacturers must include specific information about how to use the product safely, especially if the consumer must use the product in a certain way to avoid injury.

It does Not “Conform to an Express Warranty of the Manufacturer About the Product”

When you buy a product, you expect it to work for the intended purpose as advertised. When this doesn’t happen, the manufacturer has breached the express warranty on the product and could be liable if you get hurt as a result. Louisiana law explicitly states that whatever characteristic of the product that makes it unsafe must exist when it leaves control of the manufacturer.

At Laborde Earles Injury Lawyers, we have extensive knowledge of product liability law in Louisiana and how to use the details of the law to help injured consumers in New Iberia recover compensation for their losses.

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What Are My Rights If I Purchase a Defective Product?

In Louisiana, you have the right to file a claim against the responsible party if a defective product led to your injuries. However, it’s important to note that you can only bring a claim if you have damages due to the defect. Our team of product liability attorneys can help review the facts of your case to determine if you can seek compensation in New Iberia.

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The Louisiana Products Liability Act

The Louisiana Products Liability Act covers a range of different items, such as:

  • Vehicles, including individual parts like airbags and tires
  • Household items
  • Health and beauty items
  • Chemicals, such as herbicides and pesticides
  • Medical devices
  • Pharmaceuticals
  • Any product with the potential to cause injuries

For example, if you were injured in a bicycle accident that was caused by a defective break, you could claim damages from the manufacturer. Our legal team includes experienced bicycle accident lawyers in New Iberia, who will investigate the circumstances of the incident and identify the responsible party.

Who Is Responsible If a Faulty Product Hurts Me?

Several different parties throughout the supply chain could be held liable for injuries from a defective product. Depending on the specific facts of your case, the following could be responsible:

  • Parts or component manufacturers
  • Product manufacturers
  • Distributors
  • Retailers

Our team of attorneys can help you determine who may be liable for your injuries and work to ensure everyone responsible appears in your claim.

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Other Responsible Parties

Sometimes, other people may also be responsible for the damages you experienced. For example, let’s say you experienced severe side effects from a medication. Let’s also say the doctor failed to warn you about the drug’s risks even though they knew about them. In this case, you might also sue the doctor for medical malpractice in addition to filing a claim against the drug’s manufacturer or distributor.

Client Testimonials Hear from locals like you.

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is q...

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is quick to respond to my questions and gets things done!! Good experience working with this firm.

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kelly

Lake Charles

Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, ca...

Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, caring, and goes above and beyond for everyone in her life. She is a true gem! To know her is to love her!! Anybody would be lucky to have someone like Toni in their corner.

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Sarah Jorden

Marksville

Courtney Marsh has a positive attitude and great attention to detail in her work!

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Rhonda C.

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - profession...

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

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Melody Johnson

New Orleans

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one re...

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one reason why we use Laborde Earles Law Firm. They make you feel like family!

T
Tiffany Bardwell

New Iberia

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other thing...

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other things. Her detailed skills are very delightful. She goes out of her way to check on us, make sure we don't have any questions, and she is always on point. She moves very quick and always goes above and beyond for us to make sure we understand the process. I am so glad I ran into Laborde Earles and Alexis. Everyone will know about this company for sure and Alexis

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R.S.

Lafayette

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in ...

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in making you feel heard and cared for. And, she’s, like, really pretty!

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Sylvia Roy

New Iberia

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had ...

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had our best interest and our well being as a priority. I would recommend them to friends and family. My case had some extenuating circumstances and they both worked diligently to help us. I am very thankful for their service and dedication to us.

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Michel Lanclos

New Orleans

I was very pleased with the attention and detail that was given by Karely with Laborde Earle’s Injury lawyers. She answered all of my questions ...

I was very pleased with the attention and detail that was given by Karely with Laborde Earle’s Injury lawyers. She answered all of my questions and concerns, and her professionalism was top notch. Her phone etiquette, and calm and caring attitude was outstanding.

G
Gail

Baton Rouge

Over 1,700 5-Star Reviews

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Should I Hire an Attorney for My New Iberia Defective Product Case?

If you have been hurt because of a defective product, you can always handle your case independently. However, it can be challenging to gather the evidence you need to prove your claim. There are also specific challenges to be aware of in a faulty product case.
At Laborde Earles Injury Lawyers, our product liability lawyers know what it takes to build a claim for compensation while avoiding the common pitfalls of defective product cases.

How Can a Product Liability Lawyer Help?

Our team can help you with all aspects of your case, including:

  • Reviewing the facts to identify the defect that injured you
  • Analyzing the entire supply chain to ensure all responsible parties are named
  • Investigating the cause of the accident
  • Gathering evidence to show that the product was defective at the time it left control of the manufacturer
  • Partnering with experts to prove your claim
  • Preparing all legal documents required and handling communication with the other party
  • Calculating an accurate compensation figure to include all types of damages you may be eligible for
  • Conducting all settlement negotiations and appearing on your behalf when needed
  • Taking your case to trial if necessary
  • Providing advice and guidance about what you can expect every step of the way

Our extensive experience in handling product injury cases in New Iberia, Louisiana can help ensure you build the strongest possible claim for compensation. We know every situation and circumstance is different, so we will work with you to create an individualized plan based on the facts of your case.

How Much does It Cost to Hire a Defective Products Lawyer?

After experiencing injuries from a defective drug, medical device, or other product, you are probably worried about the financial side of things. You have medical bills. Maybe you haven’t been able to work as you did before. Can you afford a lawyer?

At Laborde Earles Injury Lawyers, we follow a contingency-fee structure. This means we don’t charge you upfront for our services. We will only charge you if we help you recover compensation. We can go over your situation and your legal choices before you worry about any fees.

How Long Do I Have to File a Defective Product Lawsuit?

Defective products can cause severe injury and sometimes even death. However, you still have a limited window to file a lawsuit. Each state has slightly different statutes of limitations. Under Louisiana CC Art. 3492, you usually have just one year to file any lawsuits related to defective products.

This deadline is from the time the damages or injuries happened. Consulting with an attorney early can help you explore your legal options and file a lawsuit before the deadline.

Contact Us About Your New Iberia Product Liability Case Today

If you have been injured because of a defective product in New Iberia or elsewhere in Iberia Parish, call us today. Our legal team at Laborde Earles Injury Lawyers will help ensure you don’t miss the chance to seek compensation for your injuries. Call us to schedule your free consultation today.

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