The Dire Implications Of Defective Products
Every year, millions of Americans suffer severe injuries in product-related accidents. Fatal injuries in such accidents are the significant cause of death for people between the ages of one and thirty-six, outnumbering deaths from cancer or heart disease.
Defective products can malfunction and cause catastrophic injuries to consumers, such as traumatic brain injuries, burns, amputations, facial injuries, and internal organ injuries.
If manufacturers design safer products and warn consumers of any hazards, it may be possible to avert defective product-related injuries and fatalities.
What Is Defective Product Liability?
Defective product liability refers to the manufacturers’ or sellers’ legal liability to compensate buyers, users, and even bystanders who suffer damages or injuries because of defects in their goods.
A defect is an imperfection that renders a product unsafe for its intended use.
When consumers buy or use products, they have a right to expect not to suffer injuries when using the product.
Due to the harmful nature of defective products, innocent consumers receive thousands of injuries every year in Louisiana.
A defective product is dangerous due to its design, manufacturing, or failure to warn of inherent risks.
However, just because you suffer an injury from a product doesn’t mean it was defective. Your product liability claim will fail if the product’s incorrect use is the cause of injury. The product’s defect, whether a design defect, manufacturing defect, or failure to warn, must be the cause of injury.
Manufacturers are the most common defendants in product liability claims. Other liable parties may include:
· Product designers
· Component manufacturers
· Suppliers of materials
· Distributors and wholesalers
· Retailers
· Trademark licensors
· Used product sellers
· State and federal governments
Defective Product Liability Laws in Louisiana
The Louisiana Products Liability Act (LPLA) allows injured persons to obtain remedies from a manufacturer. Design defects, manufacturing defects, failure to warn of dangers, or failure to uphold warranties claims deem products defective.
There are three common elements to product liability lawsuits. A lawsuit must involve a product, the product must be defective, and the product defect must be the proximate cause of the injury.
In Louisiana, negligence, breach of warranties, strict liability in tort, or misrepresentation are valid grounds for filing product liability claims.
The statute of limitations in Louisiana for product liability lawsuits is one year from the date of injury.
Product liability cases can be notoriously tricky. A product’s manufacture and distribution involves many parties. When a defective product injures consumers, there are many potentially liable parties.
It is hard to pinpoint the at-fault party in these cases.
Bart Bernard Injury Lawyers: Trial-Ready Louisiana Personal Injury Lawyers Who Secure Quick Settlements
Defective product claims involving severe injuries or illnesses can result in significant compensation for victims.
Damages in product liability claims include lost earnings, destroyed property, medical expenses, physical impairment, disfigurement, loss of enjoyment of life, emotional distress, and loss of consortium.
It is essential to have an experienced attorney in your corner.
Compensation is available in product liability cases, but it is never guaranteed.
Insurance companies do all they can to defend their policyholders, dispute claims, and pay less.
Trials are stressful, time-consuming, and expensive projects. Just any other attorney cannot handle a trial.
At Bart Bernard Injury Lawyers, our highly skilled lawyers with proven negotiation and litigation abilities level the playing field between cash-strapped victims and insurers who place profits over everything else.
Louisiana personal injury lawyer Bart Bernard knows defective product claims have a way of tarnishing the reputations of manufacturers. Once a case goes to trial, keeping things quiet and out of public view is hard. The possibility of unfavorable publicity can prompt companies to settle.
Insurance companies know which personal injury lawyers will go to court and which ones tend to settle for less than the case is worth. If a lawyer never sets foot in court, the insurance company will not take the risk of a lawsuit seriously and will offer less to settle the claim quickly.
Attorney Bernard is comfortable and familiar with both judge and jury trials.
If you or a loved one has suffered injuries or lost a loved one as the result of a dangerous or defective product anywhere in Louisiana, contact Bart Bernard Injury Lawyers to schedule a free consultation and comprehensive evaluation. An experienced and knowledgeable attorney at our Louisiana personal injury law firm can help you understand your options.
