Product Liability
When you purchase a product to use or consume, you likely do not anticipate being injured due to a malfunction in the design or use of the item. You should reasonably expect the item to be safe to use by you and your family if following proper safety precautions.
In order to recover compensation for a product liability claim, you must have suffered actual damages such as physical injuries or monetary loss. You cannot bring a defective product claim if you were almost injured from using a product or you almost suffered a monetary loss.
What Types Of Injuries Can Result From A Product Liability?
One of the most common claims is a product that was not manufactured properly. There could have been an issue at the factory or an unexpected problem with the materials or processes used to manufacture the product. This could occur after a manufacturer recalls a product when it is found to contain something harmful that was accidentally added while being manufactured. Another instance might be when a manufacturer changes the design of their product or the materials used to make the product in order to reduce their expenses.
A manufacturer might fail to include adequate warnings or instructions about its products which could cause harm to the user. This type of product liability claim usually means that the product is considered dangerous in a way that is not obvious from normal use. A household cleaner that does not have information about its potential dangers or proper disposal might be harmful. Similarly, medications that don’t include warning labels explaining what might happen from an overdose or when combined with other medicines is an example of a failure to warn.
A product liability injury claim must be based on the fact that the result of using the item in a normal way with no knowledge of the possible outcomes is what caused the injury. You may also be required to prove that your actions were considered normal by the average user. For example, taking a medication with aspirin might be considered normal, whereas combining it with illicit drugs would not be.
Things You Are Entitled To After A Product Liability Accident:
If a product injures you, then you may have a product liability claim against the manufacturer, designer, seller, or another party for damages caused by the product itself. You might be able to recover punitive damages, including medical expenses, lost wages, and compensation for pain and suffering.
The legal doctrine, known as “res ipsa loquitur”, could shift the burden of proof in some product liability cases to the defendant. This Latin term means that “the thing speaks for itself,” and indicates that the claimed defect wouldn’t exist unless the user was negligent. If the doctrine is successfully invoked, the plaintiff is required to prove that they were not negligent instead of the plaintiff proving negligence of the defendant.
The second rule that helps plaintiffs in product liability cases is that of strict liability. If strict liability applies, the plaintiff does not need to prove that a manufacturer was negligent, but only that the product was defective. By eliminating the issue of manufacturer fault, the concept of no-fault, or “strict” liability allows plaintiffs to recover where they otherwise might not.
What Should You Do If You Are Involved In A Product Liability Accident?
If you believe you have a product liability claim, you should contact a Louisiana personal injury lawyer who can help you prove that the product was the cause of your injury. Product liability claims can be complex. You will want to have an attorney with experience handling these types of personal injury claims.
Call Sartin Law Firm today to schedule a free case evaluation with a Louisiana products liability attorney. Do not delay consulting with an attorney as you have a limited time to file a product liability claim. If you do not act quickly, then you might lose your right to hold the party responsible for your injuries.
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