Product liability law shares a lot of common ground with standard personal injury law, but there are also some very important ways in which these two approaches to civil liability are very different from each other. While both types of cases can be built around traditional negligence in theory, most product liability claims revolve around proving that a manufacturer holds strict liability for harm caused by their defective product, regardless of whether they did anything specifically to cause that harm.
Because of this, establishing liability in Lafayette product liability cases can simultaneously be a lot more straightforward in principle and a lot more complex in practice than holding an individual person liable for a reckless or careless act. Fortunately, you have help available from the knowledgeable product liability lawyers at Tomeny | Best. We have years of experience helping people like you get good results from these kinds of claims.
Holding a Manufacturer Strictly Liable for an Injury
Product manufacturers can be held strictly liable for injuries to consumers caused by one of three types of product defects: a fundamental flaw in the product’s core design, an error made during the product’s manufacture or assembly, or a failure of marketing that leads to consumers being insufficiently instructed about the product’s inherent risks and proper use. It is also possible under product liability law to sue over breach of warranty, but this is a somewhat unique type of case that is not representative of the majority of defective product claims.
In addition to proving that a particular product had a legally actionable defect, you must be able to show that the defect existed when the product left its manufacturer’s direct control and that the product’s condition did not meaningfully change after that point. Finally, you must show that the defect in question was the main and direct cause of an injury that you suffered while using the product in a reasonable way in order to establish strict liability for a defective product in Lafayette.
What Defenses Do Manufacturers Have Against Strict Liability?
Filing suit over design defects in consumer products can often be more challenging than suing over the other two types of defects, mainly because there are two distinct tests that the manufacturer may bring up in their own defense. First, the risk-utility test holds that a manufacturer cannot be held strictly liable for an injury caused by a design defect if the usefulness of the product obviously outweighs the inherent risk of harm associated with using it.
Second, the consumer expectation test holds that manufacturers are not strictly liable for design defects if a reasonable person using the product in a reasonable way would not consider it to be defective in design. Support from capable Lafayette legal counsel could be key to effectively navigating procedural challenges in the process of establishing liability in a product liability lawsuit.
Contact a Lafayette Attorney for Help With Establishing Liability in Your Product Liability Case
When they first hear that it is possible to hold manufacturers strictly liable for injuries without needing to prove they were irresponsible in any way, many people understandably assume that product liability claims are easier to win than typical personal injury lawsuits. In reality, though, establishing liability in Lafayette product liability cases is still a very technical and evidence-heavy process, and it is not one you should expect to get through smoothly without support from capable legal professionals.
Working with our team at Tomeny | Best could give you the tools, knowledge, and legal experience you need to proactively enforce your rights even in the face of stiff opposition from major manufacturing companies. Call today for a confidential consultation.
