Parties in the chain of manufacture may include the manufacturers of components of a product or the entire product itself, the manufacturer who assembles the final product, the wholesaler/distributor, the retailer, and potentially others.
A product liability lawsuit typically asserts that the parties in the chain of manufacture or commerce made some err in the design, manufacture, or sale of a product, such that their negligence created an unreasonably dangerous product that injured a user. Although a product liability lawsuit may allege that an at-fault party was negligent in the design, production, or distribution and sale of an unreasonably dangerous item, it may not be necessary to prove negligence.
Instead, a product liability lawsuit can be based on a strict liability claim. In other words, it may be necessary to prove only that a product was defective or unreasonably dangerous, regardless of a manufacturer’s, wholesalers, or retailer’s intent or whether they exercised reasonable care.
Product liability lawsuits are very complex and technical, making assistance from a defective product lawyer a must.
Common Types of Defective Product Claims We Handle
Any manufactured product is susceptible to being defective, regardless of whether it was defectively designed, suffered a defect during manufacturing, or did not come with sufficient instructions or warnings.
Some categories of products are more likely to cause injuries to their users. Some of the most common defective product claims that Tomeny | Best Injury Lawyers handles include:
- Medical devices, such as artificial joints, hip replacements, or mesh implants
- Machinery and equipment
- Motor vehicles
- Defective auto parts, such as brakes, tires, seatbelts, airbags, or electronic driver aids
- Household appliances
- Recreational and sports equipment
If you or a loved one have been injured by a defective product, contact Tomeny | Best Injury Lawyers today to speak to our Baton Rouge product liability attorneys about whether you have a viable claim for compensation.
How Our Lawyers Help Victims of Dangerous Products
At Tomeny | Best Injury Lawyers, our Louisiana product liability attorneys help victims of dangerous and defective products hold the makers or marketers of those products accountable for compensating our clients for the injuries and damages that they have suffered.
When you retain Tomeny | Best Injury Lawyers to pursue your product liability claim, there is no upfront cost to you. You do not owe us any legal fees unless we recover compensation for you.
We know how difficult it can be to physically and emotionally recover from a traumatic injury. That is why we contact the product manufacturers to assert a claim for compensation on our clients’ behalf. We’ll aggressively work to hold the manufacturer or any other responsible entity along the supply chain accountable to seek fair and full compensation of your damages.
If a fair settlement isn’t possible, we are fully prepared to take your case to trial. We will vigorously argue your case in court to seek a ruling in your favor so that you can secure the financial compensation you are entitled to.
Establishing Liability for a Defective Product
In Louisiana, the Louisiana Product Liability Act (LPLA) is the controlling law. The LPLA, which imposes liability for products that are unreasonably dangerous, sets out four theories of liability:
- Construction or composition – Also known as a manufacturing defect, this theory alleges that the product, while reasonably safe in its design, suffered a defect during the manufacturing process such that a component of the final product or the assembled product as a whole is defective. Manufacturing defects may be limited to a single example of a product or may extend across a whole production lot for a product.
- Design – A design defect theory alleges the product, as intended to be built, is unreasonably dangerous, or that the risks of dangers in the chosen design outweigh the benefits of that design. Unlike manufacturing defects, which may be limited only to a certain number of manufactured examples of a particular product, a design defect affects each model in the production run.
- Inadequate warning – A failure-to-warn theory alleges that a product is dangerous or defective because the user or consumer is not provided with proper instructions for its use or warnings about the potential dangers of using the product.
- Nonconformity with express warranty – Under this theory, a product is considered unreasonably dangerous because it fails to conform to some express warranty that consumers relied on.
If you believe that you may have a product liability claim under Louisiana law, contact the Baton Rouge product liability attorneys at Tomeny | Best Injury Lawyers today to learn more about your legal rights and options.
Compensation Available in a Product Liability Lawsuit
When a defective product has injured you, financial compensation may be available to you. Money damages in a product liability claim or lawsuit can include:
- Medical expenses, including hospital bills, surgeries, physical therapy, prescription medication, long-term care, prostheses and other medical equipment, and home modifications to accommodate permanent injuries and disabilities
- Lost income if you miss time from work due to injuries suffered from a defective product
- Lost earning capacity if you are unable to return to your old job or to earn the same level of income that you did prior to your injuries
- Lost quality of life, which can arise from disabilities or disfigurement caused by injuries, or from the inability to participate in pre-accident activities or from the inability to accomplish tasks of daily living
- Pain and suffering, which is the physical and emotional anguish and distress caused by your injuries
- Loss of consortium, which provides compensation to your spouse for the loss of your companionship as a result of your injuries
Contact Tomeny | Best Injury Lawyers today to speak with a Baton Rouge product liability attorney about the compensation you may be entitled to.