Product Liability Attorneys in Lake Charles
Injuries Caused by Hazardous Products in Louisiana
Product liability is a type of personal injury law that deals with injuries caused by defective or unsafe products. Under the legal theory of product liability, manufacturers, designers, wholesalers, and retailers of products can be held liable for injuries caused by defective products.
Product liability law covers all types of products —food, drugs, real estate, industrial machinery, automobile components, airplane parts, and all other consumer or industrial products.
Recent car accidents caused by Toyotas with sudden acceleration or brake failure problems are a perfect example of a product liability lawsuit. Whether you have questions about defects in a Toyota or another type of dangerous product, contact the product liability law firm of Broussard & Hart, L.L.C. We are located in Lake Charles and represent clients throughout Louisiana.
Proving liability in product liability lawsuits
The user who is injured and seeks damages does not need to be the original purchaser of the product. If the product is defective and that defect causes injury, the injured user may sue for damages as long as the product was used as it was meant to be used and not substantially changed from its original condition. In Louisiana, there are four ways to prove that a product is defective. Learn more about the types of defects [Product Liability] that give rise to a product liability lawsuit.
Questions of negligence and breach of warranty are also grounds for a claim for damages under product liability. In the case of negligence, if it can be shown that a company was negligent in testing its product adequately or in supplying directions for its use, the injured party probably has grounds for filing suit. Similarly, if a manufacturer makes an express warranty for fitness of use when an item is sold and the product fails to comply with the warranty, resulting in injury, the injured person may have a products liability claim.
In a case of negligence, it is important that the plaintiff’s lawyer be able to show that the product was defective when it left the control of the party he is suing. It is not possible to hold someone liable for a defect that occurred after that party had control over the product.
Possible defenses to products liability claims
If the injured user was using the product in a manner not intended by the manufacturer or retailer, or had altered the product so that safety features were disabled, it may not be possible to prove that injuries were caused by defects in the product. The defendant may be able to successfully claim that the injuries were caused by the acts of the plaintiff.
Preparing a products liability case
In most cases of product liability, it is essential to the success of the case that the product be preserved and that all paperwork showing the origin of the product be made available. Receipts showing purchase, any repair records, etc., can be vital to building a successful case.
If you or a loved one is in need of legal assistance due to an injury caused by a hazardous product, call Broussard & Hart at 337-202-0841 or toll free at 855-231-6873 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
More information about hazardous products: