Cueria Law Firm, LLC
Sometimes, we buy a new product and it does not work as well as we thought it should, or it just is not as useful as we had hoped. However, some products fall so far from what they are expected to be that they actually harm the user. When this happens, product liability law provides the foundation for building a personal injury or property damage case against a manufacturer and/or other parties in the product supply chain.This chain includes the product manufacturer, manufacturers of component parts, parties that assemble or install the product, the wholesaler, and the retail store that sold the product to the consumer.
Typically, there are three kinds of product defects that you can bring a lawsuit under; design defects, manufacturing defects, and marketing defects. A product liability lawsuit can be brought if you believe a product that injured you or a loved one had one or multiple of these types of defects.
The Louisiana the Louisiana Products Liability Act (LPLA) provides the applicable state law regarding manufacturers’ responsibilities and liability. The LPLA applies when a consumer uses a product in a way that is reasonably expected and something about the product makes it unreasonably dangerous when used in the manner intended. This Act recognizes four instances where you can hold a manufacturer liable for injuries which are caused by their product; if there is a defect in design, construction or composition (manufacturing), because of a failure to adequately warn, or because it does not conform to an express warranty of the manufacturer. Additionally, product liability lawsuits are not limited to any one kind of product. That means this act covers childrens toys, household cleaners, auto parts, medical devices, medicinal drugs, and more. If you or a loved one has been injured by a defective product or a product improperly labeled an experienced personal injury attorney can help you determine the right parties to bring your claim against and get compensation for your injuries.
Defective product cases are one of the most common types of personal injury lawsuits. If a product was defective for you it was likely defective for many other people. This means that product liability lawsuits can involve quite a large group of victims and can be costly for manufacturers. This usually results in settlements for those that bring claims against these manufacturers. Some major product liability lawsuits include:
Transvaginal mesh is a net-like medical implant that was commonly used to treat stress incontinence and pelvic organ prolapse. This can lead some patients to develop symptoms such as vaginal scarring, fistula formation, and debilitating pain. In 2012, claimants in these cases were able to recover about $1.5 billion all together because manufacturers failed to properly test the device.
In 2014, General Motors (GM) had issues with their ignition switches. Faulty ignition switches have caused GM to recall about 2.6 million vehicles in total. The faulty ignition switches would cause cars to shut off while in motion, which would prevent the airbags from inflating if a crash resulted. GM was accused of knowing about the issue about a decade before issuing the first recall. GM had to pay $870 million to settle death and injury claims and $900 million in a settlement with the Department of Justice. Additionally, in 1985, GM was held liable for a group of burn victims injuries due to a defective fuel system in its vehicle, and had to pay out almost $5 million.
In 2015, the International Agency for Research (IARC) found a link between Roundup and cancer. Claimants allege that using roundup caused them to develop cancer and that the manufacturer knew about Roundup’s cancer-causing side effects. The Monsantos Papers have proven that the company knew of the risk related to use of the product, and Monsanto has paid out billions in settlements. Bayer now owns Monsanto and has agreed to pay an additional $10.9 billion in Roundup settlements.
Since 2018, Johnson and Johnson has been the target of many lawsuits over their talcum powder products. This is because the company is alleged to have known that their talcum products were contaminated with asbestos, a carcinogenic mineral, but failed to warn its consumers. Successful lawsuits have been brought claiming that the products caused ovarian cancer or mesothelioma. The litigation against Johnson and Johnson is still ongoing and growing. In June 2020, Johnson & Johnson was ordered to pay $2.1 billion to women who claimed the company’s products caused them to develop ovarian cancer.
Product liability lawsuits do not have to involve a large group of people to be successful. If you or a loved one has been injured by a defective product, you can file a lawsuit in civil court to recover your damages for those injuries. The manufacturer or any other party in the supply chain may be held liable for the harm a product caused you or your loved one. Defendants in product liability lawsuits can be forced to pay monetary damages for harm the victim may have endured (or will endure). These damages include:
Oftentimes, the evidence of a defective product is the injury itself. However, sometimes more proof is required to establish a connection between your injury and the defective product. Therefore, it is best to contact a personal injury attorney after the accident to see what other evidence you may need to provide and to determine what type of product defect may have caused your injury. An experienced attorney will also help you bring your lawsuit against the appropriate party/ies.
If you or a loved one was injured by a defective product, you should immediately contact an attorney who is experienced in handling these types of cases. Product liability is complicated, and you need an attorney you trust to help you navigate your case.
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