Distinguished Defective Product Lawyers Advocating Consumer Rights and Safety
Product liability refers to a manufacturer’s responsibility for compensating customers who suffer injuries or property damage due to the use of that company’s product(s). Businesses that sell products owe their customers a duty of care, including a certain level of precaution when ensuring the product is safe to use.
If a product is defective and causes harm to a customer, the manufacturer may be liable and may have to compensate the victim for the monetary costs of the injuries sustained. If you have been harmed or have suffered property damages as a result of a malfunctioning product, it is important to file a product liability claim.
Apart from being entitled to compensation, your actions will also help ensure that other customers aren’t injured in the future. Contact us for a confidential consultation and a case file review.
Our Practice Areas Cover
- Defective Products: We handle cases involving defective products that cause harm to consumers, seeking compensation for our clients.
- Dangerous Pharmaceuticals: Our attorneys are proficient at handling cases involving harmful prescription drugs and over-the-counter medications.
- Defective Medical Devices: We represent individuals harmed by defective medical devices, holding the manufacturers accountable.
- Automotive Product Liability: We handle cases related to defective auto parts and safety systems that lead to accidents and injuries.
- Consumer Product Injuries: Our team helps clients pursue claims for injuries caused by defective household and consumer goods.
- Toxic Substances and Chemical Exposure: We advocate for individuals harmed by exposure to toxic substances and hazardous chemicals.
If you, a loved one, or someone you know has been injured due to a defective or faulty product, contact us today for a free initial consultation. Our compassionate and skilled team of product liability attorneys is here to help protect your rights and pursue the damages amount you deserve.
Contact Hammond Law Firm LLC to schedule a free consultation to learn how we can help.
What Are the Different Types of Product Liability?
Product liability is a form of personal injury law that refers to manufacturers, distributors, sellers, and even marketers’ legal responsibility for injuries or damages caused by defective or dangerous products. In Louisiana, these laws establish the basis for holding parties accountable for the harm caused by their products and provide legal remedies for injured individuals.
- Defectively manufactured products:
Sometimes a product may have a defect that’s unique to that particular unit. These can be caused by a problem that affected the factory at the time the product was fabricated or by human oversight during the manufacturing process.
An example of a defectively manufactured product is a pre-built table with a missing screw that gives way beneath a seated buyer. In this case, the injury was caused by the missing screen and not by the customer; as such, the company may be found liable for the pecuniary costs of the harm inflicted.
- Defectively designed products:
These are errors that affect an entire line of products and are usually caused by a defect in the design. Even if each unit is made to the manufacturer’s specifications, an inherent fault may make it unreasonably dangerous for the consumer.
A specific example is the case of a soda can that explodes when opening, damaging the customer’s hand. If this problem exists with each and every can of the same product, the manufacturer is responsible for a defectively designed product.
- Failure to Warn Usage Specifics On Product Packaging:
Some products have specific instructions that define how they should be used. In contrast, others may have side effects that the consumer should know about before choosing to purchase it. If the company fails to disclose this information, or does so inadequately, it may be liable for injuries sustained by the customer.
A prescription medication, for instance, may lead to certain side effect symptoms, such as headaches. If the pharmaceutical company failed to adequately warn the patient of the risks of these side effects, they may be found to be negligent of that duty and they may have to pay compensation.
Contact Hammond Law Firm online for a free consultation today!
Does Product Liability Law Apply to Motor Vehicle Accidents?
In Louisiana, product liability laws can apply to car, motorcycle, or truck accidents under certain circumstances. Suppose the accident is caused by a defect in the vehicle or its components, such as faulty brakes, defective tires, or a malfunctioning airbag. In that case, the injured party may have grounds for a product liability claim against the defective product’s manufacturer, distributor, or seller.
However, it’s important to note that product liability claims in vehicle accidents typically involve proving that the defect directly contributed to the accident and resulting injuries.
Consulting with a proficient product liability attorney in New Orleans can help assess the viability of such claims in car accident cases.
What Might Affect Your Product Liability Injury Claim in Louisiana?
Several factors can affect the validity of a Louisiana product liability claim. It’s important to be aware of these factors to understand the possible challenges that may arise in your case.
Here are some key considerations which can render your claim void:
- If You Are Misusing the Product:
If the injury or damage resulted from the misuse or alteration of the product beyond its intended use, it might impact the validity of your claim. Manufacturers and sellers are generally not liable for injuries caused by the misuse of their products.
However, if the product was unreasonably dangerous even when used as intended, you may still have a valid claim.
- If You Knew the Risks But Still Went Ahead:
If you were aware of a product’s potential risks and voluntarily chose to use it despite those risks, it can affect the validity of your claim. The defendant can rightfully argue that you assumed the risk associated with the product, which can limit or eliminate their liability.
However, the assumption of risk defense is subject to certain limitations and exceptions under Louisiana law.
- If You Failed to Follow Warnings or Instructions:
If the product included clear warnings or instructions about its proper use, and you failed to follow them, it may impact the validity of your claim. Manufacturers have a duty to convey adequate warnings & user instructions. Still, consumers also have a responsibility to use products in a reasonable and safe manner.
- If You Were Partially to Blame For Your Injuries:
Louisiana follows the doctrine of comparative negligence (Louisiana Civil Code article 2323), meaning that if your negligence contributed to your injuries, your recoverable damages might be reduced proportionally. If you were partially at fault for the accident or your injuries, it could affect the amount of compensation you may receive.
Each product liability case is unique, and your claim’s specific circumstances will determine its validity. Consulting with a capable product liability attorney in Louisiana is essential to assess the strength of your claim and navigate any challenges that may arise.
How Does a Defective Product Lawyer Determine Fault in A Product Liability Case?
In Louisiana, the fault is determined based on the concept of strict liability. Unlike traditional personal injury cases where the fault is established through negligence, product liability cases focus on a product’s inherent defects or dangerous conditions.
The key elements to establish fault in a product liability case are:
- The plaintiff must demonstrate that the product in question was somehow defective. There are generally three types of defects: design, manufacturing, and marketing (such as inadequate warnings or instructions).
- The plaintiff must verify a causal link between the defect and their injuries or damages. They must show that the defect directly caused or substantially contributed to the harm suffered.
- The plaintiff must demonstrate that they were using the product as intended or in a reasonably foreseeable manner. If the product was misused or used in a manner that was not reasonably foreseeable, it may impact the determination of fault.
- The plaintiff must show that the product had not been substantially altered or modified from its original condition when the injury occurred. If the product was significantly changed after leaving the manufacturer’s control, it may affect the determination of fault.
In product liability cases, the burden of proof is typically on the plaintiff to establish these elements. However, it’s important to consult with experienced defective product lawyers who can help gather evidence, analyze the facts of the case, and build a strong argument to establish fault.
Contact us today to schedule a non-binding consultation to discuss your case!
Insights From Our New Orleans Product Liability Attorneys
Frequently Asked Questions
- What is the prescription period for product liability cases in Louisiana?
In Louisiana, product liability claims generally have a one-year statute of limitations, which means you must file a lawsuit within one year from the injury’s date or discovery. Failing to file within this timeframe may result in losing your right to seek compensation.
- How can reliable testimony impact a product liability case?
Reliable testimony is often crucial in product liability cases to establish defects, causation, and available safer alternatives. Reliable witnesses with in-depth knowledge provide professional opinions that strengthen the plaintiff’s case.
- Can product liability involve intentional wrongdoing in Louisiana?
Product liability claims can sometimes involve intentional wrongdoing, such as fraudulent concealment or deliberate misrepresentation by manufacturers or sellers. Proving intentional wrongdoing requires additional evidence and legal arguments.
Why Do You Need a Product Liability Attorney in New Orleans?
Choosing the right attorney can make all the difference between a successful and unsuccessful claim against the manufacturer of a defective product.
With over 25 years of experience in Louisiana law, including three years as a senior trial attorney, personal injury attorney Peirce Hammond holds the comprehensive knowledge on Louisiana product liability law necessary to successfully fight for what his injured clients deserve.
Your defective product lawyer will also be able to offer the following:
- Free Case Evaluation:
We will evaluate the evidence, gather supporting documentation, and identify any legal issues or defenses that may impact your claim. That evaluation helps you understand the strengths and weaknesses of your case and allows your attorney to develop a strategic approach.
- Evidence Gathering:
A product liability attorney will investigate crucial evidence, such as product documentation, manufacturing records, reliable opinions, and witness testimonies. It helps your case by establishing the defect and its causal connection to your injuries and damages.
- Establishing Liability:
Determining liability in a product liability case can be complex. Your attorney will analyze the circumstances surrounding your injuries, assess the product’s design or manufacturing defects, and identify potential parties who may be held liable, such as manufacturers, distributors, or retailers.
- Negotiation and Settlement:
Product liability cases often involve negotiations with manufacturers, insurance companies, or other parties involved. A skilled attorney will handle all communications and negotiations on your behalf, advocating for your rights and pursuing fair compensation.
- Litigation Representation:
Your attorney can take your case to court if a fair settlement cannot be agreed upon. They will provide strong advocacy, present compelling arguments, and protect your interests during litigation.
By hiring a product liability attorney in New Orleans, you gain a dedicated advocate who will fight for your rights, navigate the legal process, and maximize your chances of obtaining the restitution you deserve for your injuries and losses.
Injured by a Defective Product?
Contact Our New Orleans Product Liability Attorneys Today!
Seeking legal representation from Hammond Law Firm LLC ensures that you have a dedicated team of experienced personal injury lawyers on your side. With over 25 years of experience and three years as a senior trial attorney, Peirce Hammond brings a wealth of product liability knowledge & guidance to your case.
Trust our firm to provide you with skilled guidance, personalized attention, and the strong advocacy needed to pursue a successful product liability claim. Your future deserves nothing less than exceptional legal representation.
If you, a loved one, or an acquaintance have been injured due to a defective product, don’t wait to seek legal help.
Contact Hammond Law Firm LLC today to schedule a consultation with our experienced New Orleans product liability attorneys.