Every company that makes and sells consumer products has a legal obligation to ensure their products are reasonably safe for public use. Unfortunately, as the thousands of product recall notices issued each year prove, not every manufacturer fulfills this obligation to the extent that they should. Manufacturers putting harmful products on the market can lead to innocent people suffering serious harm, to no fault of their own.
If an unreasonably dangerous consumer product directly caused you physical injury, you could be able to file suit against the product’s maker and demand civil compensation with a personal injury attorney’s help. Claims like this can be tricky, so having representation from a seasoned Lafayette defective products lawyer is crucial to getting the payments you need and deserve.
Establishing Grounds for a Lafayette Product Liability Claim
While people injured by defective products technically have the right to file suit against the product’s manufacturer or seller based on traditional negligence, it is far more common—and generally much more effective—to build this sort of claim around the theory of strict liability. Product manufacturers are “strictly liable” for injuries caused directly by a defect in one of their products that they should have noticed and addressed before the product left their direct control.
Under the Louisiana Products Liability Act, there are four basic grounds a case of this nature could be built around:
- A design defect, meaning a fundamental flaw in how a product was formulated that makes every unit dangerous in roughly the same way
- A manufacturing defect, meaning a mistake during a product’s manufacture or assembly that made a specific unit or batch unreasonably dangerous
- A marketing defect, meaning a failure by the manufacturer to provide adequate instructions on or in a product’s packaging for how to use the product safely
- A breach of express warranty, meaning that the product did not meet a specific promise for functionality made by the manufacturer and was unreasonably dangerous as a result
Help from a capable Lafayette product liability attorney can be key to understanding the Louisiana Products Liability Act and building a comprehensive civil claim around any of these grounds.
Recovering Fairly for All Available Damages
Product liability is a subset of personal injury law, so all the same losses which could be factored into a standard personal injury claim can typically also be incorporated into a product liability lawsuit. Recoverable damages—which may be economic or non-economic in nature—can include but are not limited to:
- All past and future medical expenses
- Lost work income and/or working capacity
- Personal property damage, including costs of replacing the defective product the case is centered around
- Physical pain and discomfort
- Emotional and psychological distress
- Lost overall quality of life
Many big manufacturing companies have lots of money to dedicate to their own legal defense against civil lawsuits. It can be difficult to pursue legal action against these corporate giants without an experienced attorney in your corner. The defective products lawyers at Tomeny | Best can provide crucial assistance during this process and go up against manufacturers and their insurers.
Speak with a Lafayette Defective Products Attorney Today
Defective consumer products cause hundreds of injuries across Louisiana each year, many of which could have been avoided if the companies which made those products acted more responsibly. A situation like this can often serve as the basis for substantial civil recovery, but only if you understand what legal rights you have and how best to go about enforcing them.
Support from a seasoned Lafayette defective products lawyer can be vital both to staying informed about your options and pursuing the strongest possible civil claim. Contact our office to learn more about what we could do for you. Your initial consultation is no-obligation and free of charge.
