Product liability cases can rest on several legal theories. For a person to recover the compensation they need, they must establish that an unreasonably dangerous manufactured product hurt them.
Anyone considering legal action should understand the common causes of product liability in Baton Rouge. Each cause has varying theories that a skilled product liability attorney from Tomeny | Best could help you explore.
Defective Designs
A defect during the design process is one of the most common causes of product liability litigation in Baton Rouge. The basis for these problems can vary. If the designer was rushed, an unfortunate error could lead to serious injuries for countless consumers.
Another problem might involve avoidable risks of injury. Even if the product was designed in a way that allows it to function appropriately, an unreasonably high risk of injury could still lead to legal action. Whether or not the amount of risk is unreasonable or not is a question for the courts.
Lack of Adequate Testing
Any time a manufacturer offers goods into the public marketplace, they are expected to ensure there are no unreasonably dangerous hazards. In some cases, these items might be inherently dangerous, but this does not automatically lead to a viable product liability case for compensation in Baton Rouge. For example, harsh cleaning agents and heavy machinery are especially dangerous, but they can be used safely when instructions are correctly followed.
One way these cases can arise is if the company fails to take the time needed to perform safety tests on each item. After all, it is impossible to warn the public of a danger that the company itself has not discovered. There must be at least a reasonable effort to ensure the product is safe before it is sold.
Hidden Defects
These lawsuits might also result from a hidden defect that is not immediately obvious to most people in Baton Rouge. Often, everything will seem in order until something goes wrong and an injury occurs. This type of problem might arise after months or years of use.
Some hidden defects only become a problem over time. These objects might function normally for months or even years, only to malfunction and cause a serious injury. When this happens, legal action could result in a monetary award.
Failure to Warn
Not all defects in Baton Rouge are related to design issues or mechanical failures. In some cases, injuries occur because of the lack of adequate instructions or posted warnings on a product. A manufacturer has an obligation to provide consumers with clear instructions on how to use the item safely. There should also be warnings on or within the packaging highlighting common risks of injury.
One of the only defenses in these cases is that the person failed to use the item as intended. This strategy falls apart if the product lacks any instructions or warnings. The same is true if the documentation provided is unclear or confusing.
Talk to an Attorney in Baton Rouge About the Common Causes of Product Liability Today
If you have been hurt in one of these cases, it is helpful to understand the common causes of product liability in Baton Rouge. While securing a favorable outcome can be challenging, an experienced attorney could improve the odds of success.
Call the tenacious attorneys at Tomeny | Best immediately to learn more about your legal options during a free consultation.