While everyone wants to assume that the products they buy in retail stores and/or from trusted online vendors will be reasonably safe and well-constructed, the reality is that many dangerously defective products end up on the market each year. Even worse, the companies that make and sell these products do not always issue recall notices to prevent dozens or even hundreds of people from sustaining serious injuries from flaws they had no reason to expect.
When you have been injured under circumstances like this, you may have grounds to file suit against the manufacturer of the product that harmed you, but you also may have a lot of trouble filing a strong claim without guidance from an experienced personal injury attorney. From start to finish, an Iberville Parish defective products lawyer from Tomeny | Best will work diligently to protect your rights and pursue a case resolution that serves your interests.
Basic Requirements for a Defective Product Case
Louisiana product liability laws offer multiple ways for individuals to prove that a maker of an item is liable for injuries caused by defective products. Louisiana Revised Statute § 9:2800.54 lists the four options as:
- The product was the result of an unreasonably dangerous construction;
- The product was the result of an unreasonably dangerous design;
- The product was unreasonably dangerous because of a lack of proper warnings about dangers associated with the product;
- The product was unreasonably dangerous because it does not conform to the maker’s warranty.
Anyone in Iberville Parish or Plaquemine who has suffered injuries caused by a defective product should consult with an attorney to go over their legal options. A lawyer can assess their unique situation and help them determine what compensation is available and who could be held accountable. As of July 1, 2024, people who have been injured due to another person’s fault has two years to bring an injury claim. If they were injured prior to this time, they have one year to file a lawsuit.
How A Manufacturer May Try To Avoid Liability
Product manufacturers are not likely to accept a person’s demand for compensation at face value. Instead, they often make all possible attempts to avoid making the payments that injured individuals demand.
One defense that manufacturers may attempt to utilize is that the product was not defective when it left its control. If a product became damaged because of a shipping mistake or a user’s own modifications, the maker is likely not liable for any resulting injuries.
The makers of products may also allege that a customer did not use the product as intended. Product liability lawsuits are only possible if a plaintiff used the product in a foreseeable manner. Similarly, if a user modifies a product that changes its specifications away from the maker’s blueprints, this can also nullify a claim for damages. An Iberville Parish defective products lawyer could help an injured individual fight back against these allegations of shared fault.
Contact an Iberville Parish Product Liability Attorney for Help
While no type of personal injury litigation is easy, defective product claims tend to be especially complex on many levels. On top of various legal and procedural rules, you will also need to contend with fierce opposition from the company you are trying to sue, which may have millions of dollars dedicated solely to fighting against lawsuits like yours.
Working closely with an Iberville Parish product liability lawyer from Tomeny | Best may dramatically improve your chances of securing the compensation you need. Call today to discuss your legal options during a free consultation.
