Manufacturers for products used and consumed by individuals in Louisiana have specific responsibilities to ensure that their products are safe when used in accordance with labeled instructions. If they fail to uphold these responsibilities, they can be liable for the injuries and deaths caused by their products.
If you have been injured as a result of a defective product, a Lafayette defective products attorney from Morris Bart can help you seek compensation for your injury and assist you with your claim.
What Types of Product Defects Can Result in a Product Liability Claim?
Practically any type of food or manufactured product that you purchased that is found to be defective can result in a product liability claim if that defect causes injury or death. Some examples include:
- Foods or medications containing bacteria, impurities, or risks that are not disclosed to the consumer
- Faulty appliances that can cause burns or cuts to a person operating them or that catch on fire
- Parts used on vehicles that fail, resulting in an accident
- Defective children’s toys or furniture that allow an injury to occur to an infant or child during normal use, or contain small pieces that can result in choking and the label does not warn the consumer of these small parts
For a free legal consultation with a Defective Products lawyer serving Lafayette, call 800-537-8185
The Product Liability Claims Process
Louisiana Revised Statute §9:2800.51 is known as the Louisiana Products Liability Act, and it sets forth the responsibilities of those in the manufacturing chain to protect consumers from being harmed by dangerous products. Product defects covered by the law include:
- Unreasonably dangerous defects occurring in the construction or composition of the product
- An unreasonably dangerous flaw in the design of the product
- Inadequate warning labels featuring the proper use of the product or the known risks
- The product is reasonably dangerous when used as instructed
Determining Liability in the Manufacturing Chain
When it comes to defective products in Louisiana, RS §9:2800.53 states that anyone in the manufacturing chain can be legally responsible for compensating an individual who was injured as a result of the defect. The manufacturing chain includes:
- The person or business manufacturing the product for commerce
- The entity providing the labeling for the product
- The seller of the product who exercises control over the product’s design
- The entity that incorporates the defective product into another component designed by a different manufacturer
To prove that an individual or entity in the manufacturing chain is liable for your injury, you must be able to show that there was an injury due to a product that was defective when used as instructed.
Who Is Exempt from a Product Liability Claim?
Certain individuals are exempt from being held liable for defective products, including:
- Professional service providers, even if their services result in supplying a consumer with a defective product
- Non-professional providers of services when their service is focused on providing judgment or skills, even if it results in a defective product
- Producers of natural fruits, or other raw products including fish or wildlife, and animal-derived products such as eggs, milk, honey, or wool
- Harvesters of seafood or aquatic life in their natural state
Types of Compensation You Can Seek
Claimants in Louisiana have up to one year after the date on which they became injured or discovered that they had been injured by a defective product. Claimants can seek compensation for the expenses (known as economic damages) and the psychological impacts (known as non-economic damages) that resulted from their injury. Examples of common expenses and impacts to be included in Lafayette defective product claims include:
- Wage loss and loss of future earning capacity.
- Medical expenses.
- Physical pain and suffering.
- Emotional distress.
Many product defect claims also result in punitive damages, which are awarded to the claimant as a means of punishing the defendant rather than compensating the injury.
How a Defective Products Attorney in Lafayette Can Help You
A Lafayette defective products lawyer provides experience in the legal process, the laws surrounding an insurance provider’s consideration of your claim, and the calculation of injury expenses and impacts. Some of the services that can be provided include:
- A free case evaluation for anyone who believes they have been injured as a result of a product defect and wants to know more about the process of seeking compensation for the expenses and impacts of their injury
- Determining who is liable for your injuries and their associated liability insurance policies
- Establishing a value for your claim
- Communicating with the insurance provider to negotiate a fair settlement on your behalf
- Guiding you on pertinent decisions about your claim
- Gathering the evidence and witness testimony necessary to prove your claim
- Barring a settlement agreement before a trial begins, litigation services such as preparing evidence exhibits, delivering opening and closing arguments, presenting evidence, and examining witnesses
- Working with other attorneys if the product defect results in multidistrict litigation, a class action, or another type of mass tort
- Assistance collecting your negotiated settlement or award
Contact a Product Liability Lawyer in Lafayette
The manufacturers and distributors of defective products have a legal responsibility to design products that do not present unreasonable risks to the consumer when used as directed. If you have been injured as a result of a defective product, let the legal team at Morris Bart help you understand your legal options for seeking compensation. Contact us for your free case evaluation.
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