Product Liability Attorney
Product Liability Attorney in Baton Rouge, Louisiana
A product liability attorney in Baton Rouge can help you determine what to do if you have been injured by a consumer product.
Has a Defective Product Hurt You in Louisiana?
Defective products resulted in 12.7 million emergency room visits in the United States in 2022, up 7.8% from 2021. These injuries can be relatively minor to life-threatening injuries that require long-term care.
If you have been injured by a consumer product, Talbot, Carmouche & Marcello can help you decide whether or not to file a product liability lawsuit. Contact us today to get started.
What Is Product Liability in Louisiana?
Manufacturers have a duty to produce safe products. If they fail, product liability law can hold manufacturers, distributors, retailers, and other parties responsible for any harm.
Types of Product Liability
Design Defects
These cases arise when a product is inherently dangerous or defective due to its design. One example is a dresser designed to be too top-heavy, resulting in the product falling and causing injury.
Manufacturing Defects
These cases involve a product that was designed correctly but a manufacturing mistake made it dangerous. This can include products that weren’t manufactured correctly, were manufactured with faulty materials, or were contaminated in the manufacturing process.
Marketing Defects
These cases arise when a manufacturer fails to warn consumers of potential dangers or risks. This can include medication that does not come with a warning for possible side effects or a toy that is marketed for children but is hazardous.
Louisiana Product Liability Laws
The Louisiana Products Liability Act (LPLA) provides a framework for product liability lawsuits in the state. Under the LPLA, a plaintiff must prove the product was unreasonably dangerous. The plaintiff must also prove that this caused their injuries or damages and that the product used was in the same condition as when it left the manufacturer’s control.
Comparative Fault
Louisiana is a comparative fault state. This means that if a plaintiff is partially responsible for their injury, their recovery may be reduced by the amount of fault assigned to them. If a defective product injures a consumer, for example, but a judge determines that the consumer was 30% at fault for their injuries, their recovery would be reduced by 30%.
Strict Liability in Louisiana
Even though Louisiana is a comparative fault state, it follows a “strict liability” standard for product liability cases. This means a manufacturer can be liable for product-related injuries even if they were not negligent in the product’s design, production, or distribution.
How a Baton Rouge Product Liability Lawyer Can Help
If you have been injured or suffered damages due to a defective product, we can help you with your case. See how we can help.
File Your Claim
The first step is to file your claim. The product liability claim will outline the details of your case, including the injuries or damages you suffered due to the claimed defective product.
Establish Fault & Negligence
The next step is to establish fault and negligence. We will investigate your product liability case to determine who is responsible for the defect and why it was flawed. The lawyer will also determine if the manufacturer knew or should have known about the flaw or defect and failed to warn consumers. This can have a significant impact on your settlement.
Determine Compensation
Once fault and negligence have been established, your lawyer will determine the compensation you are entitled to receive. This may include compensation for medical expenses, home modifications, lost wages, and other damages resulting from the defective product.
Let Us Help You With Your Product Liability Lawsuit
If you have been injured or suffered damages, a product liability attorney in Baton Rouge may be able to help. Contact us today for a free consultation.
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