Every company that mass-produces and sells products to American consumers is expected to take reasonable steps to ensure their products are safe for their intended use. If a product you recently purchased had a defect that caused significant harm, you may have grounds to file suit against the manufacturer under product liability law.
Establishing liability in Iberville Parish product liability claims works differently from other personal injury cases. While representation from Tomeny | Best is invaluable for achieving the best possible outcome, here is an overview of how product liability cases are shaped and what you may need to prepare to pursue compensation.
What Does a Product Liability Plaintiff Need to Prove?
Unlike the majority personal injury claims, most product liability cases in Louisiana rely on the theory of strict liability rather than negligence. This means an injured plaintiff does not need to prove that the manufacturer acted irresponsibly to hold them legally accountable. Instead, they must demonstrate the following criteria:
- The product had a specific defect in its design, manufacture, or marketing when it left the manufacturer’s control
- The product’s condition remained unchanged between when it left the manufacturer’s control
- The plaintiff suffered an injury serious enough to require professional medical care as a direct result of the defect
- The plaintiff was using the product for its intended purpose and/or in a reasonably foreseeable manner when the injury occurred
An experienced lawyer at Tomeny | Best could provide more detailed information on establishing liability in your Ibervillle Parish product liability case during a free consultation.
Relevant Evidence for a Defective Product Claim
Gathering and presenting the right evidence is essential for proving a product defect and its direct link to an avoidable injury. A key part of this process is providing purchase records that show the plaintiff owned the product in question. It may also be necessary to present communications between employees of the defendant company and documentation of the product’s design and manufacturing processes.
In addition to proving the defect itself, it is important to compile evidence of the special damages and general damages the plaintiff has sustained due to the defective product. This evidence can include:
- Medical bills and invoices showing the cost of necessary treatments
- Pay stubs, tax returns, and other documentation to show lost income due to missed work
- Testimony from expert and personal witnesses to emphasize the general damages, such as pain, suffering, and loss of enjoyment of life, caused by the injury
Additionally, punitive damages may be sought if the manufacturer’s actions were particularly egregious or reckless. Our Iberville Parish team could help assess the full extent of your damages and shape your product liability claim accordingly.
Get Help From an Ibervillle Parish Attorney with Establishing Liability in a Defective Product Claim
Holding a manufacturing company responsible for a defective product is a complex and challenging process. Proving liability and pursuing compensation can be time-consuming and stressful. It requires careful attention to detail and a thorough understanding of Louisiana’s product liability laws.
The experienced team at Tomeny | Best is here to support you throughout this process. We understand the personal and legal challenges involved and are committed to helping you secure the compensation you deserve. Our firm provides the attention you need while offering the resources to ensure the best possible results. Call to learn more about establishing liability in Iberville Parish product liability claims.
