The legal standard for product liability lawsuits is different than typical negligence claims. While you do not have to provide evidence that the company was negligent in causing your injuries, there are other elements that must be proven for your case to be successful.
Baton Rouge product liability cases involve identifying a defect that caused an injury. Goods can malfunction in different ways and for various reasons. When they do, a skilled product liability attorney from Tomeny | Best may be able to hold the manufacturer accountable.
Unreasonably Dangerous Designs
In some cases, a product’s design or concept is inherently dangerous. While some objects—like chainsaws—are unavoidably risky, designing them so that they can be operated safely can dramatically reduce the risk of injury or death.
Unfortunately, mistakes can happen during this stage of the process. The creator might fail to consider a serious flaw that makes what they create far more hazardous than intended. In other cases, a lack of adequate testing might fail to identify these issues.
One important consideration is that design flaws impact an entire product line. That means there could be other instances where individuals suffered an injury in similar circumstances. A Baton Rouge attorney could help advocate for a hurt person and assist them with the process of establishing liability for the defective product.
Malfunctions and Construction Issues
Not all cases involve product design. In some situations, proving liability involves showing how a specific product malfunctioned and caused an injury in Baton Rouge.
These problems often arise due to the methods and materials used during construction. If a company attempts to save money by using cheaper materials, the tradeoff might be that a severe injury becomes more likely.
Other cases are based on an express warranty, which means the product failed to perform as promised. These cases require the plaintiff to show that they used the item as directed and still suffered an injury through no fault of their own.
Inadequate Warnings
Finally, highlighting defective or missing warnings included with the packaging, or on the product itself, may help build a winning compensation case. The public must be informed of the unique risks associated with an item and how to use it safely. If they do not have this information, it is unreasonable to expect them to use it safely.
Talk to an Attorney in Baton Rouge About Proving a Product Liability Case Today
These cases can be complicated and for your case to be successful, you could benefit from the support of an attorney from Tomeny | Best.
Call today to learn about liability in Baton Rouge product liability cases and to schedule a free consultation.
