When we purchase any product from a store or online retailer, we trust that it will work properly, safely, and as intended. Unfortunately, sometimes products turn out to be dangerous and leave us with life-changing injuries.

In Louisiana, the law holds manufacturers and retailers of defective or unreasonably dangerous products responsible for the harm that they cause. Manufacturers have a legal duty to address or warn users of all dangers that may arise from the use of their products. When they fail to do so, they may be held responsible for compensating injured victims for the damages they suffer.

If you have been injured by a dangerous or defective product, including one subject to a product recall, you need help from an experienced Baton Rouge product liability lawyer. Contact Tomeny | Best Injury Lawyers today to schedule a free, no-obligation consultation to learn more about your rights and options for seeking the financial compensation and justice that you need and deserve.

What Is a Product Liability Lawsuit?

A product liability lawsuit is a legal claim that seeks to hold anyone involved in the chain of manufacture of a product responsible for damages or injuries caused by that product.

Parties in the chain of manufacture may include the manufacturers of components of a product or the entire product itself, the manufacturer who assembles the final product, the wholesaler/distributor, the retailer, and potentially others.

A product liability lawsuit typically asserts that the parties in the chain of manufacture or commerce made some err in the design, manufacture, or sale of a product, such that their negligence created an unreasonably dangerous product that injured a user. Although a product liability lawsuit may allege that an at-fault party was negligent in the design, production, or distribution and sale of an unreasonably dangerous item, it may not be necessary to prove negligence.

Instead, a product liability lawsuit can be based on a strict liability claim. In other words, it may be necessary to prove only that a product was defective or unreasonably dangerous, regardless of a manufacturer’s, wholesalers, or retailer’s intent or whether they exercised reasonable care.

A Baton Rouge product liability attorney could explain the complexities of these lawsuits and could provide valuable assistance.

Common Types of Defective Product Claims We Handle

Any manufactured product is susceptible to being defective, regardless of whether it was defectively designed, suffered a defect during manufacturing, or did not come with sufficient instructions or warnings.

Some categories of products are more likely to cause injuries to their users. Some of the most common defective product claims that Tomeny | Best Injury Lawyers handles include:

  • Medical devices, such as artificial joints, hip replacements, or mesh implants
  • Machinery and equipment
  • Tools
  • Motor vehicles
  • Defective auto parts, such as brakes, tires, seatbelts, airbags, or electronic driver aids
  • Household appliances
  • Toys
  • Furniture
  • Recreational and sports equipment
  • Asbestos

If you or a loved one have been injured by a defective product, contact Tomeny | Best Injury Lawyers today to speak to our Baton Rouge product liability attorneys about whether you have a viable claim for compensation.

How Our Lawyers Help Victims of Dangerous Products

At Tomeny | Best Injury Lawyers, our Louisiana product liability attorneys help victims of dangerous and defective products hold the makers or marketers of those products accountable for compensating our clients for the injuries and damages that they have suffered.

When you retain Tomeny | Best Injury Lawyers to pursue your product liability claim, there is no upfront cost to you. You do not owe us any legal fees unless we recover compensation for you.

We know how difficult it can be to physically and emotionally recover from a traumatic injury. That is why we contact the product manufacturers to assert a claim for compensation on our clients’ behalf. We’ll aggressively work to hold the manufacturer or any other responsible entity along the supply chain accountable to seek fair and full compensation of your damages.

If a fair settlement isn’t possible, we are fully prepared to take your case to trial. Our Baton Rouge product liability attorneys will vigorously argue your case in court to seek a ruling in your favor so that you can secure the financial compensation you are entitled to.

Who Is Liable in a Defective Product Lawsuit in Baton Rouge?

In Baton Rouge, the Louisiana product liability act (LPLA) is the controlling law. The LPLA, which imposes liability for products that are unreasonably dangerous, sets out four theories of liability:

  • Construction or composition – Also known as a manufacturing defect, this theory alleges that the product, while reasonably safe in its design, suffered a defect during the manufacturing process such that a component of the final product or the assembled product as a whole is defective. Manufacturing defects may be limited to a single example of a product or may extend across a whole production lot for a product.
  • Design – A design defect theory alleges the product, as intended to be built, is unreasonably dangerous, or that the risks of dangers in the chosen design outweigh the benefits of that design. Unlike manufacturing defects, which may be limited only to a certain number of manufactured examples of a particular product, a design defect affects each model in the production run.
  • Inadequate warning – A failure-to-warn theory alleges that a product is dangerous or defective because the user or consumer is not provided with proper instructions for its use or warnings about the potential dangers of using the product.
  • Nonconformity with express warranty – Under this theory, a product is considered unreasonably dangerous because it fails to conform to some express warranty that consumers relied on.

If you believe that you may have a product liability claim under Louisiana law, contact the Baton Rouge product liability attorneys at Tomeny | Best Injury Lawyers today to learn more about your legal rights and options.

What Are You Compensated for in a Product Liability Lawsuit?

When a defective product has injured you, a Baton Rouge product liability attorney could see if financial compensation may be available to you. Money damages in a product liability claim or lawsuit can include:

  • Medical expenses, including hospital bills, surgeries, physical therapy, prescription medication, long-term care, prostheses and other medical equipment, and home modifications to accommodate permanent injuries and disabilities
  • Lost income if you miss time from work due to injuries suffered from a defective product
  • Lost earning capacity if you are unable to return to your old job or to earn the same level of income that you did prior to your injuries
  • Lost quality of life, which can arise from disabilities or disfigurement caused by injuries, or from the inability to participate in pre-accident activities or from the inability to accomplish tasks of daily living
  • Pain and suffering, which is the physical and emotional anguish and distress caused by your injuries
  • Loss of consortium, which provides compensation to your spouse for the loss of your companionship as a result of your injuries

Get in Touch with a Baton Rouge Product Liability Attorney

Contact Tomeny | Best Injury Lawyers today to speak with a Baton Rouge product liability lawyer about the compensation you may be entitled to. We could help you understand your legal options and work with you to get the payments you deserve.

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Emily HymanEmily Hyman
04:08 19 May 24
Kathleen StamperKathleen Stamper
17:07 08 May 24
Tomeny | Best Injury Lawyers is an outstanding firm! Their team is professional, skilled, and supportive. They provide exceptional service to their clients!
Maya IsharaniMaya Isharani
15:38 08 May 24
Great team - they truly care about their clients, super responsive and very knowledgeable! Highly recommend!!!
Maya IsharaniMaya Isharani
13:18 07 May 24
Brian TaylorBrian Taylor
17:17 29 Apr 24
Ronida HatcherRonida Hatcher
14:17 29 Apr 24
Lucas BabinLucas Babin
23:31 18 Apr 24
Could not ask for prompter, friendlier more professional service.Tomney is the only way to go!
Lona SloanLona Sloan
16:06 13 Apr 24
It’s their dedication and personal attention is the reason why my daughter chose the legal team of Tomeny Best to ensure the compensation she deserves in her personal injury claim.
jonathan hirdjonathan hird
16:47 05 Apr 24
Jason DillJason Dill
18:14 27 Mar 24
Jane G.Jane G.
15:14 26 Mar 24
Because of their dedication and personal attention, I would definitely consider choosing the legal team of Tommy Best to ensure the compensation I would deserve in a personal injury claim.
Rachel ParksRachel Parks
21:23 25 Mar 24
I highly recommend Tomeny Best Injury Lawyers. They have a great team that's professional and treats you like family!
Riley WomackRiley Womack
14:28 25 Mar 24
Great law firm, team and company! Highly recommend.
Andrew StovallAndrew Stovall
23:47 24 Mar 24
Alexis is a pleasure to work with, she’s diligent and communicative and always keeps clients informed about their case
Charles EdwardsCharles Edwards
12:37 11 Mar 24
I recently had the privilege of working with Tomeny | Best Injury Lawyers for a personal injury case, and I cannot speak highly enough of their exceptional service. From the moment I reached out to them, their professionalism and expertise were evident.The team at Tomeny | Best Injury Lawyers demonstrated an impressive depth of knowledge about personal injury law and guided me through every step of the process with clarity and patience. They took the time to explain all my options and answered all my questions promptly, putting my mind at ease during a challenging time.One aspect that particularly impressed me was their promptness in handling my case. They were proactive in their communication and always kept me informed of any developments. This level of responsiveness made me feel like a priority, and I truly appreciated it.Moreover, the entire staff at Tomeny | Best Injury Lawyers was courteous and respectful throughout our interactions. They treated me with empathy and compassion, understanding the difficulties I was facing due to my injury.Overall, I highly recommend Tomeny | Best Injury Lawyers to anyone in need of a personal injury attorney. Their professionalism, knowledge, promptness, and courtesy set them apart, and I am grateful for the excellent service they provided.
Karen HuberKaren Huber
14:43 04 Mar 24
Your posts on Instagram about the types of injuries and the procedures involved with each are very informative. I can see why clients express how well you communicate with them throughout their case. Having a former insurance lawyer, Frank Tomeny, also is beneficial with his knowledge and years of experience. For these reasons I highly recommend your law firm to anyone needing a personal injury lawyer.
paris brattonparis bratton
02:21 29 Feb 24
I can't express enough how impressed I am with the service provided by Tomeny Best Injury Lawyers. Their expertise and dedication truly set them apart. I highly recommend Tomeny Best Injury Lawyers to anyone in need of legal assistance. Five stars all the way!
Amanda TranAmanda Tran
02:03 29 Feb 24
The team at Tomeny Best is wonderful! They exceeded my expectations and were very communicative with me throughout every step of the process. Thank you for making my experience as smooth as possible!
21:55 22 Feb 24
I got an accident. I did hurt and I was very nervous. However, I had a big chance to meet Tomeny attorney Team. They were completely honest and helpful . They assisted me for my treatments and recovery. They worked very hard and settled my case. I really recommend this Tomeny Team, specially Mr. Louis Dauterive.Thank you Tomeny! You went above and beyond and I just want to express my appreciation.🙏

Choosing an attorney may be the most important decision you ever make. When you contact Tomeny | Best Injury Lawyers, we will listen to your story, go over your legal rights, and answer all your questions. You will leave our meeting knowing that you have made the right decision for you, your future, and your family.



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