Although there are numerous laws in place that are designed to protect buyers from defective products, these dangerous items and goods still enter the marketplace today and into the hands of innocent consumers. Consequently, every year, thousands of people suffer debilitating and, at times, fatal injuries as a result.
However, if you have been involved in such an accident, you may have legal options available that will allow you to take legal action against the party responsible for your harm and pursue compensation for the damages you sustained. More importantly, with an experienced Baton Rouge defective product attorney, you will not have to take on this fight alone.
Types of Product Defects Manufacturers Can Be Held Liable for in Baton Rouge
Product liability is an area of law in which manufacturers, suppliers, retailers, distributors, and others who make products available to the public are held liable for injuries that these products cause. These products are typically considered defective because there is an unexpected danger to them that does not meet the consumer’s reasonable expectations.
In general, these defects are broken down into the following categories:
A manufacturing defect is a defect in a product that was not intended. These kinds of defects tend to occur when a product departs from its intended design and is more dangerous than consumers expect it to be.
A design defect generally means that the product was manufactured correctly, but something in the product’s design made it hazardous to consumers. However, because this flaw affects how a product is made, this defect will generally affect the entire product line and not just one specific item or good.
Defects in marketing often stem from improper instructions and a failure to warn consumers of latent dangers in the product.
For a free legal consultation with a Defective Product lawyer serving Baton Rouge, call 800-537-8185
Suing for Injuries Resulting from a Defective Product in Baton Rouge
If you sustained injuries because of a defective product, there are generally three main legal theories that you can use to pursue legal action. These theories include the following:
In negligence cases, the injured individuals must be able to prove that the manufacturer breached their duty of care, and as a result, the victim suffered actual damages. Common examples of negligence include:
- The product manufacturer failing to test or review the product
- The product manufacturer failing to warn consumers of non-obvious risks
- The product manufacturer failing to comply with specific laws
In strict liability cases, the injured individual does not need to prove negligence. Instead, these manufacturers or others in the distribution chain can be held strictly liable for any injuries the product causes regardless of fault. However, to hold a party strictly liable, the harmed individual needs to show:
- There was a relationship between the product and the at-fault party.
- There was a defect that caused the product to be unreasonably dangerous.
- The defect caused the victim’s injuries.
A Breach of Warranty
A breach of warranty is a violation of an implied or express contract of warranty.
- Implied Warranty: An implied warranty is a promise by the manufacturer that if a product is used as it is intended, it will not cause the consumer harm.
- Express Warranty: An express warranty refers to comments or statements made by the manufacturer or the seller guaranteeing that the product will meet a certain level of quality and reliability.
However, determining which of these theories apply to your case will often depend on the facts and the circumstances surrounding your accident. That is why following a Baton Rouge defective product accident, you should reach out to an experienced Baton Rouge defective product lawyer as soon as possible. These attorneys can figure out not only if you have a viable claim but also what legal options you can pursue.
Types of Compensation You Can Pursue Following a Baton Rouge Defective Product Accident
Following a Baton Rouge defective product accident, you may be entitled to certain types of compensation. In Louisiana, this compensation is often split into two types of damages, including economic and non-economic damages, which are used to compensate injured parties for:
- Medical costs related to hospital stay, doctors visits, and surgeries
- Future ongoing care
- Lost wages and reduced earning capacity
- Pain and suffering
- Loss of enjoyment and quality of life
- Loss of consortium
That is why, if you want to figure out which damages you can pursue after your accident, you should contact a skilled defective product lawyer in Baton Rouge. These attorneys can analyze your case, figure out what happened, and determine what types of compensation you can go after.
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Who Can Be Held Responsible for a Defective Product Accident in Baton Rouge
After a defective product accident, there can be numerous parties responsible, including:
As a result, when it comes to holding these parties liable for the incident, it is not about picking one over the other since every party involved in the accident can be held accountable for the defective product. Rather, it is about ensuring that you hold all the parties in the distribution chain answerable for the harm and losses you sustained.
An Experienced Baton Rouge Defective Product Attorney Can Help You Fight for Compensation
If you sustained severe injuries because of a defective product, the last thing you will want to do is gather evidence and prepare strong legal arguments proving your case. However, to obtain compensation for the injuries and losses you sustained, this is exactly what needs to be done. Fortunately, when you hire an experienced Baton Rouge defective product lawyer, you will not have to take on this legal fight yourself.
Instead, once retained, these lawyers can:
- Go over your accident and determine whether or not you have a viable legal claim.
- Thoroughly investigate the defective product accident and gather the evidence required to show fault and damages.
- Bring in experts to validate your claim, such as engineers and medical specialists.
- Tackle all the discussions with the other side and pursue a fair settlement offer.
- Take your case to trial if the other side does not want to play fair and fight for maximum compensation.
Get the Legal Help You Need and Reach Out to Morris Bart Today
If you or a loved one have been severely injured by a defective or dangerous product in Baton Rouge, do not wait to retain legal representation. Instead, contact Morris Bart today for a free case consultation and let our experienced defective product attorneys in Baton Rouge show you how we can help.
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