Baton Rouge Product Liability Lawyer

Dufour Law Firm > Baton Rouge Personal Injury Lawyer > Baton Rouge Product Liability Lawyer

Demanding Accountability In Product Liability Injury Cases

Consumers expect a reasonable level of safety when using and consuming products. When you or a loved one is injured because of a defective or dangerous product, the injuries and financial losses can be severe. You may be able to hold a company liable for failing to take reasonable care. Work with a Baton Rouge product liability lawyer to determine if you have a claim.

Consumers expect a reasonable level of safety when using and consuming products. When you or a loved one is injured because of a defective or dangerous product, the injuries and financial losses can be severe. You may be able to hold a company liable for failing to take reasonable care. Work with a Baton Rouge product liability lawyer to determine if you have a claim.

Helping Protect Injured Individuals in Baton Rouge

At Dufour Law Firm, our founding attorney has a passion for representing personal injury accident victims, especially those injured by defective or dangerous products. Our legal staff provides support and compassion to you from the minute we first meet you. Our attorneys also show toughness and determination in the courtroom, so we can fight for the compensation you need to recover from the injuries you’ve suffered.

The attorneys in our firm have over 40 years of combined experience in law, protecting the rights and needs of the clients in our community. We understand that a personal injury or family loss caused by a defective product can be incredibly traumatic. We use our experience and resources to fight for you with determination, advocating for the financial compensation you need to support yourself and your family during this difficult time.

What Is the Product Liability Law in Louisiana?

Louisiana’s laws for defective products can be found in the Louisiana Products Liability Act. Under this statute, a company such as a manufacturer, designer, or distributor is liable for any legally recognized damages caused by a product that was unreasonably dangerous when used as intended or used in a reasonable way. A Louisiana product liability lawyer could help recover the damages caused by a defective or dangerous product.

Who Is Responsible When Dangerous Products Cause Harm?

According to the Louisiana Products Liability Act (LPDA), a manufacturer who sells a defective product or a merchant who resells the product for a manufacturer based outside of the United States can be held legally responsible for harm. To win a defective product case, a plaintiff has to prove one of the following:

  • The composition or construction of the product posed an unreasonable danger, typically one not intended by its design but by using low-quality materials or manufacturing methods.
  • The design of the product posed an inherent unreasonable danger.
  • The manufacturer failed to warn consumers of the product’s danger or to properly instruct consumers on how to use the product if it was not clear.
  • The product does not conform to the express warranty that the manufacturer has published.

A product must be dangerous or defective in one of these four ways for a successful product liability claim. Depending on the basis of the product liability claim, different companies or subsets of a distribution chain could be held liable. An attorney can help you determine the party liable for your injuries.

Product liability claims can be made against many types of goods, from cars, tires and lawn-mowers to toys, medications and household products. Some companies are even aware of the dangers posed by their products and continue to sell them regardless. When this is the case, a product liability claim could claim higher damages.

Common Defective or Dangerous Products in Liability Claims

Many products can be dangerous or pose risks to consumers, but not all actively cause injury. However, products that have not been recalled can still be defective. If a product meets one of the qualifications of an unreasonably dangerous or defective product, and you, as the user, suffered recognizable damages, you likely have a claim.

Some of the most common forms of product liability claims include:

  • Vehicle Components: Brakes, tires, airbags, and steering are essential systems in cars that cause accidents if they malfunction or fail to work. Even minor malfunctions in wipers or turn signals can cause accidents. Car accidents can cause severe injuries and fatalities.
  • Industrial Machine Parts: Farming, maritime, and construction employees work with dangerous equipment in their industries. When these machines or vehicles malfunction, they can cause severe and catastrophic injuries to workers.
  • Prescription Drugs: Prescription drugs and medication can cause unexpected side effects or harm patients with certain conditions. The makers of these prescriptions have the same duty to provide safe prescriptions as other product manufacturers.
  • Medical Devices: Medical devices and mobility aids may be part of a surgery, may enable an individual to function day-to-day, or may provide another essential service. When these medical devices malfunction or cause harm, those injured could file product liability claims.
  • Children’s Toys: Products and toys for children and babies are frequently dangerous and have incredibly dangerous substances or fail to have the necessary warnings.

Many other household products and other items may be defective, such as:

  • Space heaters
  • Power tools
  • Water heaters
  • Flammable fabrics and mattresses
  • Lawnmowers
  • Ovens
  • Heated blankets
  • Sports equipment

Depending on the accident, you or a loved one may suffer injuries such as burns, lacerations, or developmental illnesses, and you may be able to claim compensation for these damages.

Why Do I Need an Attorney for a Product Liability Claim?

It can be difficult to reach a fair settlement with a product manufacturer or distributor. These companies, particularly larger corporations, often spend significant resources to limit their liability and avoid paying settlements. When you are injured by a company’s lack of care, you lack the skills and knowledge to defend against their legal team as you recover.

An attorney understands the tactics used by these companies and can determine the true value of your claim. If the company will not provide you with a settlement that fully covers your and your family’s damages, your attorney can take the claim to court.

Damages Available in a Baton Rouge Product Liability Claim

When a company is proven to be responsible for your injuries, they are liable for all noneconomic and economic damages that resulted from said injuries. These include damages such as:

  • Any past or ongoing medical costs from the injury or illness
  • Any expected future costs for the injury or illness, including potential complications
  • Lost wages and lost earning capacity
  • Property damage
  • Pain and suffering, loss of enjoyment of life, and loss of consortium
  • Wrongful death damages, such as lost financial support and funeral costs

You could still recover damages even if you were partially at fault for the accident. An attorney can help you determine the viability of a claim.

How Long Do You Have to File a Product Liability Claim?

Plaintiffs have one year from the time of being injured, discovering the injury, or suffering damage to property from the product to bring a case. This one-year statute of limitations is an important deadline. If you do not file your claim in this time, you are unable to obtain compensation for your losses.

Under the discovery rule, the one-year countdown begins when you discover the injury or discover that it was connected to the product that malfunctioned. If you knew or should have known that the injury existed and was connected to the product, the time limit begins at that point.

Because of the short statute of limitations, it’s important to begin working with an attorney to file your claim as soon as possible after an accident and/or injury. Your attorney will want time to investigate the incident, determine fault, and gather evidence to prove it prior to filing. The sooner you contact a qualified attorney, the more time they have to effectively build your case.

Product Liability And Other Personal Injury Cases

At Dufour Law Firm, our attorneys investigate all possible causes of a personal injury, including the role a defective product can play in an accident. For example, we have represented clients injured in car accidents in which a tire on their own or the negligent party’s vehicle blew out due to a flaw in manufacturing or design. In addition to providing full accountability for the accident, this strategy also increases the likelihood of recovering maximum compensation to meet your current and future financial needs.

Learn More At A Free Consultation

If you believe your injuries were caused by a defective or dangerous product, call our office in Baton Rouge at 225-304-0054 to request a free initial consultation, or send us a message online.

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