Baton Rouge Defective Equipment Lawyer
Defective Product Lawyer in Baton Rouge, Louisiana
We assume a product is safe when it is available for public use and consumption, and we certainly don’t expect the toys, appliances, furniture, or prescriptions we use to hurt us or cause death. Unfortunately, despite rigorous product safety testing, some faulty items make it to store shelves. Injured consumers have the right to file a product liability lawsuit when consumer products hurt them.
You need a Baton Rouge defective equipment lawyer if you’ve suffered harm from a defective product. Each defective product lawyer at Joubert Law Firm is knowledgeable about Louisiana product liability law and can successfully hold product manufacturers responsible for the harm their goods inflicted.
With more than two decades of experience helping clients hurt by others’ negligent actions, our experienced product defect lawyers at Joubert Law Firm are ready to represent your claim. Please contact our law offices by calling (225) 761-3822 for a free consultation or to establish your attorney-client relationship today.
Louisiana Product Liability Act
The Louisiana Product Liability Act, or LPLA, was created in 1988 as a legal remedy that ensures product manufacturers are held legally responsible when their faulty goods hurt or kill consumers. The act creates a legal framework outlining manufacturers’ liabilities and responsibilities when they design or create a product considered unreasonably dangerous or they provide an inadequate warning about an item defect.
The act applies when a consumer uses a product reasonably, but the item’s features make it unreasonably harmful when used as intended. In this case, the product maker is held responsible for the harm inflicted by the product flaw.
While Louisiana allows injured victims to pursue compensation for their damages, they only have one year to do so. Louisiana has a strict filing deadline for defective products claims that begins on the date of the injury. However, according to the state’s version of the “Discovery of Harm” rule, your time doesn’t start until you are aware of or should have been aware of your harm and its relation to the defective product.
Per the pure comparative negligence rule, Louisiana law also limits the amount of damages a victim may receive in some cases. That means if a plaintiff receives part of the blame for their injuries, the percentage of their fault reduces any award they might receive. For instance, if assigned 20 percent of the responsibility, a plaintiff’s award for $100,000 in damages would be reduced by $20,000.
What is Defective Equipment?
Defective equipment is any product or device that causes harm or death when used correctly. Common faulty equipment and products include:
- Automobile defects
- Children’s toys
- Dangerous drugs
- Household appliances and furniture
- Industrial equipment
- Medical devices
Examples of two well-known defective product cases include the Takata Airbag recall and defective Firestone tires installed on Ford Explorers and similar automobiles.
What Causes Equipment to Become Defective?
Under the right conditions, any product may be defective. Defects occur in foods, toys, automobile parts and components, medical devices, medications, and more. Some reasons product defects may occur and injure consumers may include:
- Breach of warranty
- Design defects
- Failure to warn or improper labeling
- Manufacturing defects
A consumer injured by a product must work with a winning legal team and determine what caused the product defect and who is responsible. Victims may be able to file suit for their damages through defective product claims and receive compensation for their injuries. When you work with a Baton Rouge product liability lawyer from Joubert Law Firm, we will conduct a thorough investigation into your claim and determine what and who is responsible for you or your loved one’s injuries.
What Injuries Can Malfunctioning Equipment Cause?
Manufacturing equipment causes injuries every day. Common injuries inflicted by dangerous equipment and products include:
- Broken bones
- Burn injuries
- Back and Spinal Cord Injuries
- Head injuries
- Lacerations and bruises
- Soft tissue injuries
- Traumatic Brain Injury (TBI)
Some defective products, such as faulty tires, airbags, or other automobile parts, may cause particularly severe or catastrophic injuries and in some cases, even wrongful death.
Defective Equipment Lawsuits FAQs
Who Can Be Held Liable for a Defective Product?
Under the LPLA, manufacturers, retailers, and wholesalers may be liable for their defective items. The act defines manufacturers as a “person or entity” that makes a product available for commerce or trade. Manufacturing includes producing, constructing, fabricating, designing, and refurbishing a product. This includes items that contain parts or components made by another entity.
In addition, the law considers the following to be manufacturers and subject to liability:
- The person or entity named on a product label
- Sellers who control a portion of a product’s design, construction, or quality
- Sellers who sell products made by a manufacturer outside the U.S. when the foreign company is a version of the seller
What Criteria Must Be Met To Hold a Manufacturer Responsible?
Your legal representative may pursue damages for three types of product faults under the LPLA. These product faults are:
- Design Flaws – The business is responsible if a different product design could have made the product safe and the cost of using a different design was less than the risk of the product hurting a consumer.
- Failure to Warn – If the manufacturer knows the product has a dangerous flaw but does not warn consumers, they are liable. This type of product fault is also known as a marketing defect.
- Manufacturing Defects – If a manufacturer fails to do something to the product it would typically do, they may be held accountable for making the product defective. For example, the manufacturer may be liable if they did not tighten screws usually tightened in production and the product fails and harms a consumer.
With this in mind, our Baton Rouge defective equipment injury lawyers at Joubert Law Firm may be able to hold a product maker accountable for the damage caused by their product if we can prove at least one of the following criteria:
- A product’s construction or design defect made it unreasonably hazardous.
- The product manufacturer did not give the public adequate notice or warning of the dangers.
- The product is not in line with the manufacturer’s express warranty.
Defective Product Damages: How Much is Your Case Worth?
The value of each case is as unique as the lawsuit itself, and the amount of damages awarded depends on several factors. Suppose your personal injury attorney proves the product liability claim and the manufacturer is liable under the LPLA. In that case, the injured person may collect compensatory damages for any past and future harm, such as:
- Emotional distress
- Lost wages
- Medical expenses
- Pain and suffering
- Property damage
- Wrongful death
Economic damages include monetary expenses such as medical bills and lost wages. Economic damages are harm your attorney may quantify with a dollar amount based on a victim’s expenses. Non-economic damages, such as pain and suffering and emotional distress, boost the payout a plaintiff receives. However, quantifying non-economic damages is much more difficult.
In some cases, punitive damages get awarded in addition to compensatory damages. Judges and juries assign these damages to punish a manufacturer, wholesaler, or retailer for negligent behavior. Punitive damages are unusual in product liability cases, but they may be awarded if a judge or jury determines the product maker knowingly concealed knowledge about a dangerous item from the public.
What Our Baton Rouge Defective Equipment Lawyers Can Do For You
When we take on your case, our Baton Rouge defective product attorneys will thoroughly research the product and manufacturing process. If your case goes to trial, our legal team will be well-versed in the product, how it’s supposed to work, and what went wrong in your situation. We may also investigate cases involving other people injured by the product. It’s possible that you may join an existing class-action or multi-district litigation against the manufacturer. Regardless, we’ll work hard to prove negligence on the part of the product manufacturer or other at-fault party to get you the financial compensation you need and deserve for your injuries.
Products liability law is complex, and bringing a successful case requires intricate knowledge of the process. The Louisiana defective equipment attorneys at Joubert Law Firm bring substantial legal knowledge and experience to your product liability case. Our firm has helped clients in Baton Rouge, LA and the surrounding areas seek compensation for personal injuries for more than 20 years, and we know what it takes to recover compensation in your defective products case.
Call for a Free Consultation With an Experienced South Louisiana Defective Equipment Attorney
Whether it’s due to a design defect, manufacturing defect, or a marketing defect, if you or a loved one has received injuries due to a defective piece of equipment, call a Baton Rouge personal injury lawyer from Joubert Law Firm as soon as possible. We offer a free case review to discuss the details of your faulty product experience, explain your legal rights, and, if you have a viable claim, explore your legal options. Call our offices today at (225) 761-3822 to start your defective equipment case today.
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