Consumers have the right to expect that the everyday products they use are safe and will not cause them reasonably foreseeable harm. When this isn’t the case, the company responsible for manufacturing or selling the product can be held liable for the victim’s injuries. Product liability cases can be particularly challenging because there is often a question of who is responsible for causing the consumer to use and be harmed by the product in question. With determined legal counsel by your side, you can present a strong case for the compensation you deserve. The family at Inzina Law Injury Attorneys is here to represent you.
What Is Product Liability?
Product liability is a specific area of personal injury law that holds product designers, manufacturers, distributors, and sellers (e.g. retailers) liable for putting dangerous products into the hands of consumers. Since customers have no way of knowing whether a product has been adequately tested to meet technical specifications for safety, businesses have a duty to make, sell, and distribute items that are reasonably safe. When these companies fall short of that obligation and someone gets hurt, the victim can file a product liability lawsuit.
Common Types of Dangerous and Defective Products
While any product can be defective, not all of them will cause serious injury to a consumer. Most dangerously defective product lawsuits involve the following:
- Automobiles and auto parts: A defective tire or braking system can cause a serious or deadly accident.
- Prescription drugs: Medications can cause unintended side effects and complications due to design and manufacturing problems or missing product warnings.
- Medical devices: Although medical devices are designed to help people with certain health issues and injuries, they can cause more harm than good in some cases.
- Children’s products: Toys and other children’s products (e.g. baby cribs) can be harmful to babies and young children, especially if they come with inadequate instructions, small parts, or poorly assembled components.
- Tools, appliances, and equipment: All of these items can be dangerous due to manufacturing and design problems or insufficient instructions and warnings.
How Often Do Dangerous Products Reach Consumers?
By some estimates, approximately 40 million people throughout the country are injured due to unsafe products that have been recalled and over 46,000 people are killed each year because of product defects.
Of these, many products are in the health industry. About one-third of all prescription medications approved by the Food and Drug Administration cause unanticipated side effects. Meanwhile, defective medical devices have caused approximately 1.7 million injuries and 83,000 deaths over a period of ten years.
Holding a Company Liable for Its Defective Products
With the assistance of a Lafayette product liability attorney, injured consumers have several legal theories on which they can base a claim:
- Design defect: This means the product was inherently dangerous in its design. There must be evidence that a safer alternative design, which would have served the same purpose as the original, could have been sold instead.
- Manufacturing defect: A manufacturing defect is one that is built into the product during the manufacturing process. The product’s design may have been safe, but its actual assembly or construction created the hazard.
- Failure to warn: Those who design, make, distribute, and sell products have an obligation to warn consumers about any known or reasonably foreseeable dangers associated with the products. This means including clear labels and instructions for proper and safe use.
- Express warranty failure: The manufacturer may have given an express warranty that guarantees the absence of a dangerous defect. If the warranty proves to be false and the consumer is harmed, a legal claim may arise.
Examples of Product Liability Cases
Over the years, product liability cases have made headlines due to either the number of consumers injured or the especially harmful nature of the products. One recent example is an airbag recall for Takata vehicles. The defective Takata airbags triggered the largest automotive product recall in history. When deployed, these airbags blasted shrapnel into the faces of accident victims, causing deep lacerations, blunt-force trauma, and even death.
What Is My Lafayette Product Liability Case Worth?
A product liability lawyer in Lafayette can help determine the potential value of your case. A number of these factors are relevant in calculating a dollar amount:
- The seriousness of your injuries
- How much pain and suffering you have experienced
- Your medical bills and related expenses
- How much work you lose because of your injuries
- Whether you can continue working at the same productivity level
- How the injury has affected your quality of life
- Whether you share any blame for the accident
- The number of parties who may be at fault
- Whether your case qualifies for a class action lawsuit or multi-district litigation
What Types of Damages Are Available If I Was Injured by a Defective Product?
While every product liability case is different, the available damages typically include the following:
- Past and future medical costs
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental anguish, anxiety, depression, and PTSD
- Decreased quality of life
- Disability, disfigurement, and scarring
- Property damage
- Loss of consortium
- Wrongful death
Some damages are not likely to be incurred until the future. This is where expert witnesses can help develop a reasonable forecast of likely losses the victim will suffer and assign a dollar value accordingly.
How Do I Prove Liability If I Was Injured Due to a Defective Product in Louisiana?
Louisiana’s product liability laws are based on strict liability. This means that the victim does not have to prove that a manufacturer or other party was negligent to recover compensation.
However, this doesn’t mean it will be easy to win your case. It is up to the victim to identify exactly how the product caused the injury. For instance, the victim could present evidence that there was a manufacturing defect. An experienced Lafayette product liability lawyer can help.
Speak With a Product Liability Attorney in Lafayette About Your Case Today
Don’t delay taking action on your product liability case. Most victims only have one year to file a lawsuit, after which they are not allowed to pursue a claim. However, the best cases are built long before the deadline approaches. Find out why so many victims rely on the skill and experience of Inzina Law Injury Attorneys. Give us a call today to schedule your initial consultation.
