In 2023, after a six-year battle, a man was awarded $2.3 million after an incorrectly labeled battery caused a vape to explode in his face. This case highlights the importance of product liability laws, which protect consumers from dangerous or defective products. But what happens if you’re injured by a faulty product in Louisiana?
Understanding the process you need to follow for a product liability lawsuit can impact the results of your case. This article equips you with the knowledge you need to know your rights and potentially seek compensation in Louisiana.
Immediate Steps to Take After a Defective Product Injury
Your product liability claim begins the minute you’re injured or impacted. The steps you take afterward can significantly impact your case.
Seek Medical Care
After sustaining an injury from a defective product, seeking medical care should be your top priority. Your well-being is the priority, so don’t delay getting the necessary treatment. Professional medical assistance can also ensure proper documentation and care for your condition, whether it’s a minor cut or a more serious injury.
Preserve Product and Related Materials
Another important step is to preserve the product and any related materials. This may seem insignificant, but it can significantly affect your product liability lawsuit.
Preserving the product means keeping it exactly as it was at the time of the incident. Do not tamper with or alter it in any way.
Additionally, hold onto any packaging, instructions, receipts, or other relevant documents that came with the product. These materials can serve as vital evidence in proving your case.
Document Incident Details and Injuries
Write down exactly what happened leading up to the injury, including where you were, how the product was being used, and any warning signs you may have noticed. Be as specific as possible to help build your case.
Next, document your injuries with detailed descriptions and photos, if possible. Keep track of all medical treatment received, including doctor’s visits, prescriptions, and therapy sessions. The more thorough your documentation, the stronger your case will be when seeking compensation for your injuries.
Gather Witness Statements
After experiencing an injury due to a defective or recalled product, gathering witness statements can be essential in building your case. Witness accounts provide valuable insight into the incident and can strengthen your claim for compensation.
Witness statements offer additional perspectives and credibility to your version of events. Their testimony can support your argument regarding the nature of the defect or how it caused harm. Remember, the more evidence you have supporting your case, the stronger your position will be when seeking justice for your injuries.
Finding an Attorney
When facing a product liability lawsuit, finding the right attorney can be important. You should look for someone with experience handling these complex cases and who will fight for your rights. Look for a law firm with experience in product liability law and a track record of successful outcomes.
A skilled attorney should guide you through the legal process, gather evidence, and build a strong case on your behalf. Trusting in their experience can make all the difference in achieving a favorable resolution.
Establishing a Product’s Liability
Several key factors come into play when establishing a product’s defect. This will help you know who might be liable for your injuries.
Unreasonably Dangerous Construction/Composition
Manufacturers are responsible for ensuring their products are safe for consumer use, and when they fail in this duty, legal action may be necessary.
Unreasonably dangerous construction or composition means that the way the product was built or its materials posed a significant risk to consumers. That could include a flaw in manufacturing leading to defects or hazardous substances used in the products.
Unreasonably Dangerous Design
An unreasonably dangerous design flaw can make the product unsafe for its intended use. It can lead to serious injuries or even fatalities, making it essential to hold manufacturers accountable for putting consumers at risk.
Proving that a product’s design was inherently flawed and contributed to an injury requires thorough investigation and expert legal guidance.
Inadequate Warnings
Manufacturers are responsible for providing clear and sufficient warnings about potential risks associated with their products. Failure to do so can result in serious injuries or harm to consumers.
Inadequate warnings can lead to accidents that could have been prevented without proper caution. Consumers deserve transparency and honesty from companies regarding the potential dangers of using their products. Always pay attention to warning labels and manufacturer instructions for your safety and well-being.
Malfunctioning Product
This means the product may not perform as promised or guaranteed, putting users at risk of harm or injury.
When a product fails to comply with its express warranty, it indicates a breach of trust between the manufacturer and consumer. In these cases, legal action may be necessary to hold the responsible party accountable for their negligence and ensure that victims receive rightful compensation.
The Product Liability Lawsuit Process
In Louisiana, the statute of limitations for a product liability case is one year from the date of injury. A process will be followed from the day of your injury to the end of your case.
The basic steps may include the following:
- Consultation with an attorney
- Investigation and gathering evidence
- Determining liability and legal strategy
- Discovery process
- Expert evaluation and testimony
- Negotiations and settlement
- Trial and verdict
- Appeals
An attorney may help advocate for you during your product liability case. Being open and honest when discussing the case with your attorney is essential. In addition, make sure you document everything from the moment of your injury and onward.
Talbot, Carmouche & Marcello Are Ready to Fight for You
A product liability lawsuit can be complex and challenging. However, with the right steps and legal assistance, you can take the measures to seek justice and compensation for injuries caused by a defective product.
At Talbot, Carmouche & Marcello, we provide the dedicated, patient and caring support you need from your team of legal experts. We have experience in these types of cases, and have been fighting for the people of Louisiana for over 50 years. Contact us for a free consultation.