Every company that makes and sells consumer products in Louisiana must legally ensure that items are reasonably safe and free of dangerous defects before reaching consumers. Any company that fails to meet this standard may result in civil liability for injuries caused to consumers or users due to the defective product.
While you may think that the manufacturer responsible for your injuries must always pay fair compensation for damages, the legal process is complex and does not always benefit the injured party. If you want a fair chance of receiving full compensation after a serious injury, it is essential to work closely with a Prairieville defective products lawyer at Tomeny | Best Injury Lawyers. Our experienced personal injury attorneys could assist you in this difficult time.
What Does Product Liability Mean?
A product liability case is a type of injury lawsuit. Unlike standard negligence claims, these suits can succeed without evidence that the manufacturer was negligent.
Multiple parties could be responsible for a defect, starting with the individual who designed it. Defective designs can lead to an entire product line that is likely to cause injuries. Failure to properly test these items before they reach the public marketplace can also result in a case for compensation.
Legal action could also be possible against the manufacturer, the retailer, or even the company responsible for transporting the goods. A person who has been injured in Prairieville could be entitled to a monetary award by showing that the defect resulted in their injury, and a lawyer could help with this process.
Liability in Product Liability Cases
In cases involving defective products, manufacturers can be held responsible for damages resulting from their products and the factors that render a product unreasonably dangerous. Under Louisiana law, the burden of proof falls on the claimant, who must demonstrate all pertinent details to establish their case.
Louisiana Products Liability Law
To recover for a defective product in Louisiana, a thorough understanding of the Louisiana Products Liability Act is crucial. Under the Louisiana Products Liability Act, a product might pose an unreasonable danger due to its:
- Design
- Construction or composition
- Failure to include adequate warnings regarding safe use
- Failure to meet the express warranty provided by the manufacturer
One or more of these characteristics must exist when the manufacturer releases the product—unless it is a design or warning issue caused by expected changes.
Commonly Defective Items
The reality is that any type of good—from consumer to industrial—has the potential to be defective. Some are more dangerous than others. It can be helpful to understand the specific items that are most likely to result in a severe injury. They include:
- Food
- Clothing
- Medicine
- Furniture
- Children’s toys
- Motor vehicles
- Household appliances
- Industrial equipment
A defective products attorney in Prairieville could investigate the nature of an injury to determine if a civil suit is appropriate.
Types of Available Compensation
When the efforts of a Prairieville defective products attorney are successful, they could recover different types of monetary damages on behalf of the person bringing the claim. Some examples include the following:
Cost of Medical Care
When these incidents result in bodily injury, a successful settlement may cover the full cost of any medical care. This includes a wide range of treatments, from surgical procedures to physical therapy. A person may be entitled to an award based on their past and future medical costs.
Lost Wages Due To An Injury
Some injured parties find themselves too hurt to work. It can take weeks, months, or even longer to fully recover. Sometimes, a person can never return to the workforce due to a product liability accident. They can pursue compensation based on their past and future lost wages.
Pain and Suffering
Physical and emotional pain can be a major factor in a civil suit. Objectively measuring these damages might not be possible, but an injured person could explain to a jury how their condition has impacted the quality of their life. In some cases, these damages scale based on the amount of medical bills accumulated after the injury.
Obtaining Fair Compensation for Losses
A manufacturer found liable for injuries caused by one of their products may be required to compensate for both special and general damages, including:
- Medical expenses
- Physical pain and suffering
- Lost enjoyment/quality of life
- Lost work income and ability
- Psychological and emotional distress
- Personal property damage, including costs of replacing the defective product
Under Louisiana Civil Code § 3492, people injured by a defective product typically have just one year from the incident to file a lawsuit. Whether the plaintiff works independently or with the assistance of a defective products lawyer in Prairieville, it is imperative to act swiftly.
Contact a Prairieville Defective Products Attorney for Assistance
You should never worry that something you bought from a supposedly reputable manufacturer is dangerous to you and your loved ones. Unfortunately, companies roll out defective products every day across Louisiana. When you are injured from a defective product, you may have a challenging path ahead to receive a fair civil recovery.
Fortunately, you could find help from a dedicated Prairieville defective products lawyer at Tomeny | Best. We have years of experience fighting and winning cases like yours. Call today to discuss your options and set up your free consultation.
