Defective Product Lawyer
Northwest Louisiana Defective Product Attorneys
Helping those who have suffered a product liability injury in Shreveport, Bossier City, and Mansfield due to the fault of another.
When defective items cause harm, manufacturers should be held liable. Whether you were burned by an exploding vape pen or your carpet was charred by a defective vacuum, product flaws can result in serious damage and injury. If you have been affected by a defective product, you may be eligible for compensation to cover the costs of the injury. Our Shreveport defective product attorneys at Gordon & Gordon are here to help you.
Louisiana Products Liability Act
The Louisiana Products Liability Act (LPLA) establishes the legal framework for manufacturers’ responsibilities and liabilities when they create or design a defective or unreasonably dangerous product, or when they fail to offer adequate warnings about a product’s dangerous features.
This regulation applies when a consumer utilizes a product in a way that is reasonably expected, yet the product’s feature(s) make it unreasonably harmful when used in that way. When this occurs, the product’s maker can be held accountable for the damage caused by the product flaw.
If one or more of the following criteria are met, your defective product attorney can hold a manufacturer accountable for damage caused by their product in Louisiana:
- The product’s construction or composition posed an unreasonably high risk.
- The product’s design poses an unreasonable risk, the manufacturer failed to offer adequate notice of the product’s risks, or the product’s maker failed to provide adequate warning of the product’s risks.
- The product does not meet the express warranty provided by the manufacturer.
There are three types of product faults that can be pursued under the LPLA:
- Manufacturing defects: The manufacturer is accountable if it failed to do something it would ordinarily do in the manufacturing of that product. For example, the manufacturer failed to tighten bolts which caused the device to fail and harm you.
- Design flaws: If another product design could have averted your accident and the cost of utilizing it was less than the risk of someone getting hurt, the business that developed the product is accountable.
- Failure to warn: The corporation is liable if it knows the product has a dangerous flaw but fails to notify you about it.
What Types of Products Does the LPLA Cover?
A wide range of products can result in a products liability claim if they are defective. No matter what type of product it is, if it has the potential to cause serious injury and harm, it is a valid claim.
If an alternative design would have prevented your injury, and the cost of using that design was less than the cost of liability created by the defective design, your claim could be based on failure to warn of a danger, a manufacturing defect such as failing to properly assemble the product, or a design defect.
Who Can Be Held Liable for a Defective Product Injury?
An injured customer may seek compensation from one or more liable parties, such as manufacturers, distributors, and/or retailer outlets, depending on the facts of the case. In a product liability case, determining the defendant is not a matter of picking one culpable party over another. Any party engaged in the chain of distribution of a defective product can be held liable in a product liability lawsuit. Your defective product attorney will include any entity engaged in the distribution chain when putting up a claim for a defective product, including:
The Manufacturer. A huge multinational corporation, an individual operating out of his or her garage, or any parties engaged in the product's design or promotion are all examples of manufacturers. Claimants can include both the manufacturer of the defective part and the manufacturer of the entire product, depending on the size of the product.
The Retailer. When a store offers a product for purchase, it is implying that the product is safe and appropriate for usage. If a buyer acquires a defective product, the seller of that item might be held accountable for damages, even if they were not involved in its manufacturing.
The Wholesaler. The wholesaler acts as a "go-between" for the manufacturer and the retailer.
What Damages Can an Attorney Help Me Recover in a Product Liability Lawsuit?
A defective product attorney can help you recover compensatory damages caused by defective merchandise. This includes both economic and noneconomic damages.
Economic damages are meant to compensate the plaintiff for any measurable out-of-pocket expenses or financial losses, such as medical and hospital bills, lost wages, substitute transportation costs, and the cost of repairing or replacing damaged property.
Noneconomic damages are intended to compensate the plaintiff for losses that are difficult to quantify monetarily. Pain and suffering, mental agony, medical bills, future lost pay, loss of consortium, and loss of life's enjoyment are all common examples.
As a result, if a product liability lawsuit is successful, the plaintiff may be entitled to compensation that includes:
- Medical expenses, both past and future
- Lost wages
- Property damage
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
What Does a Defective Product Lawyer Do?
Defective product lawyers help their clients obtain compensation for any and all harm caused by the usage of defective products. In some cases, this may be a mass tort claim or a "class action" claim, which is a type lawsuit that involves a large number of people who have been injured by the same product.
When the amount of damages each plaintiff obtains is small and the potential value of an individual claim does not equal the legal costs of pursuing the claim, filing or joining a class action may be the best course. However, in cases where plaintiffs have experienced serious damages or life-altering injuries, a class action lawsuit is rarely used.
Do I Need a Defective Product Lawyer?
Bringing a successful products liability claim in Louisiana demands substantial legal and technical understanding, so its important to obtain a skilled Louisiana personal injury lawyer with experience in products liability law to represent you. Handling these issues necessitates the help of an attorney with a thorough understanding of state law as well as the ability to properly and precisely communicate the product's fault.
Why Should You Hire a Defective Product Lawyer?
It is the obligation of product makers to ensure that their products are safe for consumers. As such, consumers have the right to seek compensation if they are hurt by said products. Defective product claims can be complicated and likely require the assistance of a knowledgeable product liability attorney. If you've received injuries due to a defective product, it is in your best interest to hire an attorney. Our Shreveport defective product lawyers at Gordon & Gordon are more than willing help you throughout this trying time.
Types of Product Liability Lawsuits
Generally, there are three types of product liability cases:
Negligence: The claimant must establish that his or her injuries were caused by negligence in the product’s design or manufacture. The injured party must first show that the defendant had a legal obligation to supply a safe product. The consumer must next establish that the defendant failed to fulfill this obligation. If the plaintiff can show that the defendant knew or should have known that the product was defective, the plaintiff has established a “breach of duty.” The plaintiff must additionally show that their injuries were caused by the defective product.
Strict Liability: In general, the theory of strict liability is applicable in product liability proceedings. In these cases, the injured party must merely show that a product fault exists and that damage occurred as a result of it. If a flaw exists, the maker may be held strictly accountable for any damages that arise, regardless of whether the product was manufactured with the utmost attention and care. The product must have been purchased somewhere along the distribution chain for strict liability to apply. Strict liability claims are not available for products purchased secondhand.
Breach of Warranty: When a product is sold, the buyer is given two warranties: an explicit warranty and an implied warranty. Any person who would reasonably be expected to use the product is covered by the breach of warranty cause of action.
Louisiana Statute of Limitation for Filing a Product Liability Claim
Under Louisiana’s personal injury statute of limitations, plaintiffs only have one year from the date of the injury to make a claim for both personal injury and property damage. The clock doesn’t start ticking under Louisiana’s version of the discovery rule until you know, or should reasonably have known, about your injury and its link to the defective product. An experienced defective product attorney can help make sure you file your claim in a timely manner.