Buying or receiving a new product can be fun and exciting. Whether it is a new toy, electronic device, or vehicle, you expect that product to work. If it does not work, it might be not only defective but dangerous.
A Defective Product Case May Involve Multiple Liable Parties
If you believe a product you’ve purchased has caused a severe injury or illness, you may have grounds for a product liability lawsuit. It is important to note that you do not have to be among the first plaintiffs to have used the product(s) in question to seek compensation for your losses.
You have to show a connection between your illness or injury and a defect in the product. But that defect does not have to result from willful misconduct or negligence. A manufacturer can be held liable for superficial mistakes that occur in the design or making of a product or for neglecting to describe the product’s use or provide appropriate warnings to users.
Louisiana has an act called the Louisiana Products Liability Act. It prevents manufacturers from creating a dangerous product without repercussions. According to the RS § 9:2800.54, you may be able to hold a manufacturer liable for injuries if:
- The product’s composition or construction caused danger
- The manufacturer did not give an adequate warning for possible dangers
- The product’s design caused danger
Different parties may be held liable for your damages, depending on how the product was defective. These parties may include:
- The product manufacturer
- The company that made the product
- The wholesaler
- The store that sold the product to consumers
How a product is defective may determine which party or parties may be held liable for the harm they cause to others. You must be able to prove how the product is defective and who caused it if you decide to pursue compensation.
Moreover, if an event like this happens to you, preserving documentation is essential. Please do your best to ensure you maintain the product in its current form, collect documents as evidence as to where and when you purchased it, and write down notes, including dates, places, and time regarding what occurred before the use and in its aftermath.
Often, consulting a defective products lawyer can expedite this process, as they can determine the documentation required and how to obtain it. You may want to consider scheduling a consultation with product liability counsel such as the experienced team at Laborde Earles Injury Lawyers.
Your New Orleans defective products attorney can then help you identify the appropriate parties for a lawsuit. The ultimate liability for a product defect could be found anywhere in a long chain of events that ends with delivering a product to a store for purchase.
We can help you build your case for the injuries you suffered after using a defective product. After reviewing your evidence and learning the details of your accident, they may be able to determine which party (or parties) should be held responsible.