Consumers in Alexandria should be able to trust that the products they use will not cause them undue harm. Product manufacturers are legally required to meet stringent safety standards when designing, developing and testing their products. Unfortunately, many products do not meet these standards. Defective and dangerous items can cause serious consumer injuries.
At Morris Bart, LLC, our Alexandria defective product attorneys are passionate about holding manufacturers and distributors accountable for their actions. We are dedicated to advocating for the rights of consumers who have been injured by defective, unsafe and faulty products. Contact us today at (318) 416-0089 to find out if you have grounds to file a product liability claim.
For a free legal consultation with a Product Liability lawyer serving Alexandria, call 800-537-8185
Why You Should Trust Morris Bart With Your Product Liability Claim
- Our Alexandria personal injury lawyers have over 40 years of experience handling all types of cases, including product liability lawsuits. We know what these cases take to succeed.
- We have collected over $ billion on behalf of our clients in positive settlements and jury verdicts. Our attorneys are committed to securing the best possible case results for each client.
- You will always come first to your attorney. You will benefit from a personalized legal strategy, frequent communication and one-on-one legal services.
- You will not pay our defective product attorney in Alexandria unless you win your case. Our personal injury law firm in Louisiana operates on a contingency fee basis.
The Role of a Defective Product Lawyer in Your Alexandria Case
Identifying the responsible parties and proving liability (legal responsibility) in a defective product case requires knowledge of Louisiana’s product liability laws. These claims can be complex and difficult to manage without assistance from an experienced attorney. A product liability lawyer in Alexandria can investigate your accident, collect evidence of fault and seek the financial compensation that you deserve for serious injuries.
At Morris Bart, LLC, you can trust our lawyers to navigate the field of defective product litigation with personalized and proven legal strategies. We can conduct a comprehensive investigation of the event, interview eyewitnesses, communicate with the product manufacturer on your behalf, accurately assess the value of your claim, negotiate for a fair settlement, hire qualified product defect experts and take your case to trial, if necessary.
What’s Considered a Defective Product?
A defective product is one that presents an unreasonable risk of harm to a consumer even when used as the manufacturer intended due to a flaw in its design, manufacturing or marketing.
Defective products can have dangerous designs or missing parts from an error during the manufacturing process. They may also pose a hazard due to inadequate marketing, such as a lack of warning labels.
The three types of product defects are:
- A design flaw: problems in the initial design or engineering of a product that make it inherently dangerous. An example is playground equipment that is designed with a gap between pieces that is large enough to pinch a child’s finger between them.
- A manufacturing defect: a problem during the production or assembly phase of product creation, resulting in one or multiple units that deviate from the intended design in a way that is dangerous. An example of a manufacturing defect is a batch of medication being contaminated with a foreign substance.
- A marketing mistake: a misrepresentation of the safety or intended use of a product, such as false advertising. It can also mean a failure to warn consumers of known potential risks associated with a product, such as through inadequate labeling or instructions.
A manufacturer or federal safety organization, such as the Consumer Safety Product Commission, may issue a recall when a product defect is discovered. A recall is a demand to take the product off of shelves to protect consumers from a potential injury risk. Unfortunately, safety recalls often arise too late for many consumers, who suffer serious and even life-threatening injuries from a product defect.
Common Types of Defective Products
Virtually any product or consumer good could potentially contain a dangerous defect. Common products that result in consumer injury claims in Louisiana include:
- Building materials
- Car seats
- Childcare products, such as cribs
- Children’s toys
- Construction equipment
- Household appliances
- Industrial machinery
- Medical devices and implants
- Motor vehicle parts
- Playground equipment
- Portable heaters
- Power tools
- Prescription and over-the-counter medications
- Sports and recreation equipment
- Vehicle safety features, such as airbags
If any type of defective product injures you or a loved one, you may be eligible for financial compensation through a product liability claim in Alexandria.
Injuries Caused By Defective Products
The average consumer interacts with thousands of products in his or her daily life. If any one of these items contains a dangerous defect, the consumer could suffer a life-altering injury or illness. The wide array of products available today means the list of potential injury types is long. An accident involving a defective water heater, for example, could lead to a catastrophic explosion with burn injuries and lacerations from shrapnel. A defective auto part could cause a car accident and various related injuries.
At Morris Bart, LLC, our lawyers can help if you or a loved one suffered any of the following types of injuries due to a defective product:
- Accidental poisoning
- Amputation or loss of limb
- Broken bones
- Burns or scalds
- Choking or strangulation
- Crush injuries
- Cuts or lacerations
- Drug overdoses or adverse reactions
- Electric shock or electrocutions
- Facial or dental injuries
- Illnesses or cancer
- Internal injuries
- Loss of hearing or vision
- Muscle or soft-tissue injuries
- Neck or back injuries
- Permanent nerve damage
- Psychological trauma
- Respiratory illnesses
- Spinal cord injuries or paralysis
- Traumatic brain injuries
Personal injury lawsuits are not our only area of legal advocacy. Our attorneys also represent family members in wrongful death causes of action in Louisiana. If someone you love tragically lost his or her life in an incident involving a defective product in Alexandria, contact us about a potential wrongful death claim.
How to Prove Liability in a Defective Product Claim
Product liability claims may be founded on the legal theory of strict liability, negligence or breach of warranty. Proving your claim will require evidence that demonstrates the elements of your type of case. A strict liability claim is the most common type. If there is evidence that one of the three types of product defects exists and that the item caused your injury, you do not need to prove that the manufacturing company was negligent with this type of claim.
If the strict liability law does not apply, your attorney will need to establish the elements of negligence. They are that 1) the defendant owed you a duty of reasonable care, 2) the defendant committed an act or omission that violated this duty, 3) the breach of duty caused your injury, and 4) you suffered specific losses as a result. Evidence of negligence in a product liability claim may include witness statements, expert testimony, photographs, product safety testing information and visible defects on product samples.
The third option for proving liability in a defective product case is establishing a breach of warranty. A warranty is an assurance that a product will meet certain standards in terms of safety or performance. A breach of an express or implied warranty means that the manufacturer or distributor of the product did not fulfill a promise or guarantee regarding the safety of an item. Proving this type of case typically requires the warranty documents and physical evidence showcasing how the warranty was not met.
Potential Liable Parties in a Defective Product Case
If a defective product injures an individual, one or more parties could potentially be held liable for the victim’s medical bills, lost wages and other harm suffered. Identifying the liable party will take an investigation into how the product became defective and why the defect was not discovered or remedied prior to releasing the item to the public.
Potentially liable parties can include:
- A manufacturer: the most frequently named defendant is the manufacturer of the defective product. Consumers can file claims for compensation against a manufacturer if the defect occurred during the manufacturing process or due to a negligent failure to warn.
- A wholesaler or distributor: if the product became defective while in the control of a wholesaler or distributor, or if these parties reasonably should have known about an issue or recall involved in their products but distributed them anyway, they could be held liable.
- A retailer: selling a dangerous product to one or more consumers could lead to a damage claim brought against the business, shop or retailer. Although the injuries may not necessarily have been the retailer’s fault, being involved in the chain of distribution can lead to liability.
Other parties that could be held responsible for consumer injuries due to a defective product in Alexandria include a product designer, engineer, consultant, contractor or packager. Discuss your specific case with our product liability lawyers for assistance in determining the liable party or parties.
Compensation Available to Victims
Pursuing a product liability claim in Louisiana might not make up for everything the victim has suffered, but it could make it easier to move forward. A successful settlement or judgment award can allow an injured victim to pay for required medical care, for example, without financial stress. A civil lawsuit provides an opportunity for an injured accident victim to seek both economic and noneconomic damages, or financial compensation, from a responsible party.
The compensation available may include:
- Medical expenses: all health care expenses associated with the incident, including surgeries, hospital stays, appointments, treatments, medications, rehabilitation and therapies.
- Lost wages: losses of income from taking time off of work to receive medical care, recover from injuries, or because of a temporary or permanent disability.
- Property damage: the price to repair any property or personal belongings that were damaged or destroyed by the defective product.
- Pain and suffering: losses suffered that do not have a monetary value, such as emotional distress, mental anguish, loss of enjoyment of life and psychological trauma.
- Wrongful death damages: reasonable funeral and burial costs, lost wages or inheritance, loss of consortium, and other losses caused by the death of a loved one.
- Punitive damages: additional compensation available in some cases where a defendant is guilty of gross negligence, malice or intent to harm.
Every product liability lawsuit is unique. The potential value of your case is something that you should discuss with an attorney. Although you may wish to resolve your case as quickly as possible, resist the urge to accept the first settlement offered to you by an insurance company. Work with an Alexandria defective product attorney who will negotiate on your behalf to ensure a fair and full settlement.
What to Do if You’ve Been Injured By a Defective Product in Alexandria
If a defective product injures you, there are steps you should take to protect your safety and rights as much as possible. Here’s what to do:
- Get immediate medical care. Prompt treatment can minimize the effects of an injury on your health and prove to an insurance company that you were diagnosed with an injury.
- Collect information. Keep the defective product, all of its packaging and warranty documents, and your purchase receipt. Take photographs of the defect, if possible.
- Document the scene. It can help your case to document the scene of the incident, including taking photographs of any visible injuries or property damage.
- Obtain witness statements. If anyone witnessed your defective product incident, ask them to give you signed written statements.
- File a claim. Communicate with the product manufacturer to file an injury claim with its insurance company. Do not give the insurer a recorded statement or sign anything.
Consult with an experienced product liability attorney for advice before you accept an insurance settlement to ensure the protection of your rights.
How Long You Have to File a Defective Product Claim in Alexandria
According to Louisiana Civil Code 3492, product liability claimants in the state have no more than one year from the date that the injury took place or was discovered (whichever is later) to file a claim. This is one of the shortest personal injury statutes of limitations in the country. It is important to contact an attorney as soon as possible if you believe you have grounds for a claim. If you miss your deadline, expect the courts to deny you the chance to hold someone responsible.
Contact Our Alexandria Defective Product Attorney Today
At Morris Bart, LLC, our product liability lawyers understand how these cases work and know how to pursue the best possible outcome for each client. For more information about our legal services, call (318) 416-0089 or contact us online to request a free consultation with a defective product lawyer in Alexandria.
Questions?Call us, Louisiana.