Product Liability Lawyer

Product Liability Case Review

Red warning exclamation point signThe media is full of horror stories: babies injured by cribs manufactured in China; silicone breast implants rupturing; accelerator pedals stuck in the floor mats of moving automobiles; cell phone batteries exploding; anti-stroke drugs causing uncontrolled bleeding. Through no fault of their own, consumers were injured using products presumed safe.

Filing a lawsuit can’t undo the damage or bring back a deceased loved one, but they can provide financial assistance to get over the hump and prompt changes that benefit society. Past product liability lawsuits have led to lung cancer warnings on cigarette packs and coffee cup designs have changed to keep the liquid hot without scalding drinkers.

If you or a loved one have been harmed by a product you believe was unreasonably dangerous or flawed, Bart Bernard is here to help. There is no cost to have an attorney specializing in product liability law review your claim. Fees are only due if Bart Bernard takes your case and secures money on your behalf.

What is product liability?

The modern definition of “product liability” law in Louisiana dates back to 1988 when legislators explicitly stated that a manufacturer is liable for damage when the product is put to a reasonably anticipated use, but causes harm because of its:

  • Construction or composition
  • Design flaws or poor safety testing
  • Inadequate warning or instruction
  • Express warranty that was not satisfied

Lawsuits are most commonly brought against the manufacturers, but they can also be filed against other parties, including design engineers, foreign parent companies, safety inspectors, testing firms, maintenance personnel, marketers, sellers, or other entities.

Product liability cases

Product liability cases may include any of the following:

  • Household products like mattresses, blinds, heated blankets, clothing, toys, appliances, or electronics
  • Medical devices like breast implants, artificial joints or limbs, pacemakers, surgical mesh
  • Dangerous drugs that cause adverse events, unexpected side effects, serious injury, or death
  • Auto parts like tires, seat belts, air bags, electronic components, or engines
  • Construction equipment like forklifts, cranes, elevators, or power tools
  • Food products designed for babies, adults, or pets

How to win a product liability lawsuit

A successful product liability case proves:

  • The consumer has suffered physical harm and financial loss.
  • The consumer was using the product as intended at the time of injury.
  • The product was unreasonably dangerous in construction, composition, design or warning label.

Every case is unique. Sometimes lawyers discover flaws in the manufacturing process and known issues that were ignored or misrepresented by company executives. Other times, they can point to competing products and scientific research indicating that safer alternatives exist.

How much money can be won in product liability litigation?

Plaintiffs may be awarded compensation to cover:

  • Medical bills, therapies, and disability-related expenses
  • Lost past, present and future wages
  • Emotional pain, suffering and distress
  • Wrongful death and funeral expenses

Particularly when plaintiffs are compensated for emotional pain and suffering, the settlements can reach astronomical amounts. There is no precise formula for recovery, but juries often take the hard losses and multiply by 1-5x to reach the amount of “pain and suffering.” The Insurance Information Institute reports that the average product liability jury award in 2014 exceeded $5 million.

Do you need a product liability lawyer?

A product liability lawsuit can be very detailed and complex. The defendants in these cases have a team of very skilled lawyers protecting them. As a knowledgeable product liability lawyer, Bart Bernard handles all communications with insurers, the defending counsel and the judge. He requests important documents that can be instrumental in winning a case, investigates scientific testing related to the product in question, and consults experts who are willing to testify on your behalf. Bart Bernard’s victorious track record has put him among the Multi-Million Dollar Advocates Forum and Elite Lawyers of America. Call any time day or night for a free case evaluation.

Product liability lawyer resources

  1. NY Daily News – Crib Became Deathtrap When Baby Got Wedged Under His Mattress http://www.nydailynews.com/news/crib-deathtrap-baby-wedged-mattress-article-1.322280
  2. Make Money Life – Famous Product Liability Cases http://www.makemoneyinlife.com/famous-cases-of-product-liability.html
  3. Insurance Information Institute – Product Liability http://www.iii.org/fact-statistic/product-liability

Last modified: February 15, 2017

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