Product Liability
Battle-Tested Advocacy for the Injured
Louisiana Product Liability Injury Attorneys
Ourproduct liability lawyers at Joubert Law Firm are highly knowledgeable and experienced in the legal realm that protects users from defective goods that cause them harm. If a consumer is injured as a result of a faulty product, there are several different parties that may be held accountable for distributing a good that they knew or should have reasonably known posed a danger to consumers.
No matter the origin or cause of the defective product which leads to an injury, injured victims should immediately address their medical needs, document their claims, and seek the assistance of an experienced attorney like those at Joubert Law Firm. Our skilled Baton Rouge product liability lawyers can help you recover damages for your medical expenses, lost wages, and more.
A product liability lawsuit is a legal action against a product manufacturer, distributor, or retailer for harm done to the consumer as a result of a product’s defect. Product liability cases could be individual or part of collective legal action (class-action lawsuit).
Typically, consumer complaints and product liability claims fall into 1 of these 3 areas: design defects, manufacturing defects, and marketing defects. A defectively designed product causes harm as a result of an inherent flaw in the initial design. This typically means that all of the products that get distributed are defective. Manufacturing defects, on the other hand, occur after the design stage and during the product’s assembly. This type of defect may only apply to a certain amount of products that are produced rather than all. Finally, there is also the chance for a product defect to occur in the marketing stage. This may include inadequate warning labels on the packaging or advertising or inadequate user instructions.
Louisiana Products Liability Act
The Louisiana Product Liability Act (LPLA) establishes the legal obligations and consequences for companies who distribute a defective product to customers who utilize it as it is reasonably expected or instructed, but the product’s features render it unreasonably harmful. If this occurs, the product manufacturers should be held accountable for any harm done by the defective product.
This applies when at least one of the following conditions has been met:
The product’s manufacturing or composition posed an unreasonable danger;
The design of the product creates an unreasonably dangerous situation;
The manufacturer of the product failed to offer proper warnings of the hazards presented by the product; or
The product is not in accordance with the manufacturers’ specified or express warranty requirements.
Examples of Product Liability Lawsuits
There are many different scenarios where a product liability lawsuit might be possible. For example, a heating blanket with exposed heating wires or a pressure cooker that is still openable before depressurization could lead to severe injury such as burn wounds.
A defective design could also result from a lack of thought and inclusion of safety precautions. For example, if a large piece of machinery or industrial equipment was made without safety measures in the design, such as guards or automatic shutoffs, the design would be the root of the defective product.
In other cases, medical devices may have hidden defective designs. These defects tend to be unknown until they are already approved, produced, and in use, which may result in further injury or illness. These types of defective products are often swiftly recalled but can still be held liable for product-related injuries.
A product liability lawsuit may also be warranted when a good has been contaminated during the manufacturing process. Common examples of this may include processed food that has been exposed to toxic ingredients or poor sanitation that inevitably leads to illness. A product that lacks a label for possible peanut or dairy contamination is also means for a possible lawsuit. If you suspect any of your materials contain asbestos, lead, talcum powder, or other common manufacturing defects, seek medical attention immediately. Once you are reasonably safe, you should then reach out to a product liability attorney to explore your legal rights and options regarding the product.
Advertising a product for sale implies that the store deems it is a safe good and is suitable for use by consumers. Though the store may not have designed or made the defective goods, a retailer can still be liable for injuries or harm that is caused by a defective product they sold.
However, proving the store is at fault can be a very difficult and complicated process and often requires proving the theories of either “strict liability” or “negligence.” In this case, you should seek the help of an experienced and qualified personal injury lawyer.
Elements of a Product Liability Claim
There are four (4) main elements that must be proven in a Baton Rouge product liability claim. According to Louisiana law, these are:
The product is defective.
An injury or loss occurred.
The defective product caused the injury or loss.
The product was used as intended.
What Damages are Recoverable in a Product Liability Claim?
Economic and non-economic damages may be recovered by plaintiffs in a successful product liability claim. Economic damages cover a variety of expenditures incurred as a result of the injury. This may include:
Medical expenses
Including hospitalization, treatment, therapy, and more.
Lost income
Lost earning capacity
Disability or long-term incapacity expenses
The product liability injury lawyers at Joubert Law Firm will consult medical professionals and specialists to evaluate and establish all economic losses, both present and future.
Damages that are not easily quantifiable are considered non-economic damages. These include:
Pain and suffering
Mental distress and anguish
Physical impairment or handicap
Loss of consortium
Loss of enjoyment of life
Learn more about what damages may be recoverable to you by contacting an attorney at Joubert Law Firm for a free consultation. We care about you and want to help you recover from the unexpected harm caused by defective products.
Why You Need a Baton Rouge Product Liability Lawyer
Do not take product liability cases lightly. These cases are often much more complicated and more difficult to resolve than other personal injury claims. That is why you need an experienced Baton Rouge product liability lawyer on your side in order to have a higher chance at success.
Having experienced and reliable representation is especially important if you are opposing a manufacturer who has a lot of resources at their disposal. Larger corporations often have a team of qualified specialists on hand to refute your allegations, making it all the more crucial that you equip a legal team that has what it takes to stand up to these corporations.
Our legal professionals at Joubert Law Firm understand the nuances of the law and will aggressively and strategically pursue the road to your success.
Call Joubert Law Firm for a Free Consultation with a Top Dangerous Product Lawyer Today
If you or a loved one has suffered serious injuries or losses as a result of a defective product, contact our top Baton Rouge personal injury lawyers today to learn about your legal rights. Our attorneys at Joubert Law Firm are experienced in cases of defective products and know exactly what it takes to successfully establish and prove your claims. We also highly value the attorney-client relationship we form with each of our clients. You can trust us to have your best interests at heart and to help you to achieve the outcome you deserve.
If you would like to explore your legal options for achieving a settlement or proceeding to court, we urge you to take full advantage of our free consultations and speak with one of our knowledgeable Baton Rouge injury lawyers today.
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