If you suffered injuries while using a consumer product, you may have grounds to sue the product’s manufacturer under product liability law. Knowing that you have grounds to file a lawsuit and achieving a successful outcome are very different situations, especially if you have minimal experience with the civil court system.
Representation from a dedicated product liability attorney, such as the ones on our team at Tomeny | Best, could make an immeasurable difference in the efficient handling of your claim and in your chances of securing fair compensation. Here is an overview of how filing a product liability claim in Iberville Parish works, including what scenarios could justify a claim and where you can formally start the litigation process.
What Are the Three Legal Grounds for Product Liability Lawsuits?
Most of the time, filing suit under product liability law in Iberville Parish involves establishing that a manufacturer holds strict liability for the injuries their product caused. In brief, manufacturers are automatically liable for damages caused by a serious defect in a product’s design, manufacturing, and/or in marketing of safety risks and procedures, provided that the defect existed when the product left its manufacturer’s direct control, the product’s condition did not meaningfully change afterward, and the injured person was using the product reasonably.
Alternatively, it is sometimes possible to hold product manufacturers liable for injuries under traditional negligence if you can prove that a reckless or careless act by the manufacturer caused your injuries. Likewise, you could sue for breach of implied or explicit warranty if you were hurt because a manufacturer incorrectly stated that their product would work in a particular way or be safe to use for a particular purpose.
Where To File Suit
If you are contemplating suing for less than $5,000 in total damages through a product liability lawsuit, you would generally file that request in a small claims court near Iberville Parish. However, since most people with grounds to sue over defective products will have damages exceeding that amount, most product liability claims must utilize the Louisiana District Court system.
Many defective products serve as the basis for mass tort claims, which consolidate individual cases filed by many people who were hurt in a similar way by the same defect. Joining an in-progress mass tort over a defective product works differently from filing a traditional lawsuit, and it is important in this scenario to obtain guidance from capable legal counsel.
Contact an Iberville Parish Attorney To File a Product Responsibility Claim
Whether you bought a product at a physical store or through an online retail platform, you have the right to expect it will be safe when you use it for its intended purpose. When that right is violated and you suffer serious physical harm, the process of filing a product liability claim in Iberville Parish over your injuries can be complex.
Support from our knowledgeable legal representatives at Tomeny | Best could make a difference in how efficiently your case proceeds and whether it ultimately has a favorable resolution. Call today for a consultation.
