Every day, new products enter the market. Many make life easier. However, some products fail to work as expected. In certain cases, they can even cause serious injuries.
When a defective product harms you, you may have the right to file a product liability claim. These claims help injured consumers recover compensation for their losses.
Product liability law determines who is responsible for dangerous or defective products. In most cases, the manufacturer or seller may be held liable for putting an unsafe product into the hands of a consumer.
What Makes a Product Defective?
Products must meet the “ordinary expectations” of consumers. In other words, they should work safely when used as intended.
However, determining whether a product is defective can be complex. Several factors may apply, including warnings, design, and state law requirements. A New Orleans product liability lawyer can help evaluate your claim.
Who Can Be Held Liable?
Liability does not always fall on one party. Instead, several parties in the supply chain may share responsibility.
These parties may include:
- Product manufacturers
- Component part manufacturers
- Assembly or installation companies
- Wholesalers
- Retail stores
Because of this, identifying the correct defendant can be challenging. Legal guidance is often necessary to build a strong case.
Types of Product Defects
To succeed in a product liability case, you must show that the product was defective and unreasonably dangerous. There are three main types of defects:
Design defects: The product was unsafe from the beginning due to its design.
Manufacturing defects: The problem occurred during production.
Marketing defects: The product lacked proper warnings, labels, or instructions.
Each type of defect can form the basis of a claim.
The Louisiana Products Liability Act (LPLA)
The Louisiana Products Liability Act (LPLA) governs product liability claims in the state. This law applies when a product is used as expected but still causes harm.
Under the LPLA, a manufacturer may be held liable if the product is unreasonably dangerous due to:
- A design defect
- A manufacturing defect
- A failure to provide adequate warnings
- A failure to meet an express warranty
These rules apply to may types of products, including household goods, vehicles, and children’s toys.
Medical Devices and Pharmaceutical Drugs
The LPLA also covers defective medical devices and prescription drugs. While manufacturers must seek FDA approval, the FDA often relies on data provide by the manufacturer.
Because of this, unsafe products can still reach consumers. However, vaccine-related injuries are handled under different laws.
Important Louisiana Rules
Louisiana law includes several important rules for product liability cases.
First, there is a one-year prescriptive period. This means you typically have one year from the date of injury to file a claim. However, the “discovery rule” may apply. In that case, the deadline begins when you knew or should have known about the injury.
Second, Louisiana follows comparative fault. If you are partially at fault, your compensation may be reduced.
Finally, Louisiana does not follow the economic loss rule. This means you may still have a claim even if the damage is limited to the product itself.
Building a Strong Product Liability Case
Product liability claims may rely on several legal theories, including negligence, strict liability, and breach of warranty.
In some cases, the doctrine of res ipsa loquitur may apply. This means the defect itself suggests negligence.
However, defendants may argue that the product was misused or altered after purchase. They may also claim they could not have known about the danger at the time.
Because of these defenses, working with an experienced attorney is essential.
Common Examples of Product Liability Cases
Some well-know product liability cases include:
- Transvaginal mesh lawsuits
- General Motors ignition switch cases
- Monsanto Roundup lawsuits
- Talcum powder cancer claims
These cases show how defective products can impact many people and lead to large settlements.
Do You Have a Product Liability Claim?
You do not need to be part of a large lawsuit to file a claim. If a defective product injured you or a loved one, you may be able to recover damages.
Compensation may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Future care costs
In many cases, the injury itself helps show that the product was defective. However, additional evidence may still be required.
Speak With a New Orleans Product Liability Lawyer
Product liability cases can be complex. You need an attorney who understands Louisiana law and knows how to prove fault.
At Cueria Law Injury Lawyers, we are ready to help you pursue compensation and hold the responsible parties accountable.
Contact us today to schedule your free case review.
