Product liability cases involve victims who are seriously injured or killed due to defective or dangerous products. Under Louisiana law, manufacturers and/or distributors of defective products are liable if you are injured by the products they helped get into your hands.
There are many ways to hold product manufacturers liable, including if the product that causes the injury is unreasonably dangerous in construction, composition, or design, or because of inadequate warning or nonconformity to express warranty.
The laws are also designed to protect your rights if you are injured due to acts of carelessness. You can seek compensation for damages including medical bills, pain and suffering, and lost wages — but you’ll need to prove your claim.
The Lafayette injury lawyers at Anderson Blanda & Saltzman has more than 100 years of collective experience fighting for injured victims, including in product liability claims. Our designation as Super Lawyers Rising Stars and membership in the Multi-Million Dollar Advocates Forum are just some of the many accolades we have earned throughout the years.
We are prepared and ready to bring our extensive legal experience to the table to help with your product liability claim, so give us a call today at (337) 233-3366 to schedule a free consultation and learn about the help and support we can offer.
Types of Defective Products
Product liability claims can arise from any type of defective product. However, certain consumer items are more likely to put you at risk than others. Here are some examples of products that often give rise to legal action after problems arise:
- Defective airbags and other motor vehicle parts
- Poorly designed vehicles such as top-heavy cars that are prone to rolling over
- Defective medical devices, such as hip and knee replacement joints degrade and result in medal entering your system
- Dangerous drugs that come with unexpected side effects and risks
- Toys that put children in danger because of design flaws or inadequate warnings
- Defective and dangerous baby products such as products designed to help babies sleep go against AMA guidelines
- Electronics that are dangerous due to issues like overheating or exploding batteries
These are just some of many examples of products that can malfunction and result in significant harm to their users. Any product that has been subject to a safety recall, or that has caused injuries when used as intended, could give rise to a product liability claim.
Types of Product Liability Claims
When you pursue a product liability claim, there are different legal theories that you could use to prevail in your case and recover compensation. Here are some of the arguments you can make:
- Strict liability. Under strict liability laws, product manufacturers are automatically liable when a product causes harm when used as intended. You do not have to show negligence — just that the product was dangerous enough that you got hurt when using it properly.
- Failure to warn. If a product has serious risks and you are not informed of them, this can give rise to a product liability claim. This is very common when drug manufacturers do not alert you to all potential side effects of medications that are sold to the public
- Manufacturing or design defects. If something goes wrong when a product is designed or created and this leads to harm, you can pursue a claim for resulting damages.
- Breach of warranty. If a product does not live up to express or implied warranties and you are harmed as a result, you have a right to make a product liability claim.
- Marketing defect. When products are marketed improperly in a way that puts people at risk, this gives rise to a legal claim. One example might include marketing addictive vaping products to young people.
- Negligence. If a company is unreasonably careless in any aspect of product design, manufacture, or distribution, you may be able to make a case based on their negligence.
These are just a few of many different legal arguments that you could make when you pursue a claim against a company on the basis of a dangerous product that hurt you. Your attorney can help you to identify the best grounds for your case.
Common Injuries in Product Liability Claims
Product defects can cause harm in many different ways. However, some common injuries suffered in product liability cases include:
- Traumatic brain injury
- Burns
- Broken bones
- Loss of limbs
- Choking
- Toxic exposure
- Poisoning
In any situation where you can prove your harm occurred as a direct result of a dangerous product, you should be compensated for the injuries you’ve endured. You should be able to recover compensation for payment of medical bills, loss of income resulting from your injuries, pain and suffering you endured, and emotional distress resulting from the defective product.
In some cases, defective products can have fatal consequences. If your loved one has died as a result of injuries or illness caused by a dangerous product, you can pursue a wrongful death claim with the help of a Lafayette wrongful death attorney to get justice.
How to Recover Compensation for a Defective Product
Product liability claims can be complicated because there could be different legal approaches to recovering compensation. For example:
- You could settle with the product manufacturer in an individual claim. If the company accepts that they are at fault for your losses, they may offer you a lump sum payment. If you accept, you’ll receive the money but must give up any future claims.
- You could file a civil lawsuit in court. You’d have to go to court and prove that you were harmed as a result of the product and that you should receive compensation for damages you endured including for pain and suffering, medical bills, lost earning power, and emotional distress.
- You could join a class action. This would mean that you become part of a large group of plaintiffs all bringing one big case to hold the manufacturer accountable for damages. You would have no control over your claim, but would not have to go to court yourself to prove damages.
- You could become part of a multi-district litigation. This means your claim would become one of many separate claims that are all consolidated in front of the same judge who can decide common issues relevant to all claims. MDLs help to streamline the process of resolving a large number of claims.
These different options exist because often many people suffer the same type of harm when a product is defective. Since there are so many cases, different processes have been established to resolve all the claims in an orderly way.
There are pros and cons to each approach and it is best to talk with an experienced product liability lawyer in Lafayette to determine which method of recovering compensation is based for your particular situation.
Getting Help from a Lafayette Product Liability Attorney
At Anderson Blanda & Saltzman, our law firm is dedicated to helping you maintain your life after suffering serious injuries or other tragic events. We bring decades of legal experience to your product liability claim and will help you every step of the way.
We handle all aspects of dealing with insurance companies, filing your legal claim, and litigating your case from start to finish. Because all personal injury cases are handled on a contingency basis, you will not be charged any fees unless we recover compensation for you.
To find out more about the help we can offer, give us a call today at (337) 233-3366 to schedule a free consultation