How Do Product Liability Lawsuits Work?
Many Louisiana residents use a variety of products daily without fear of repercussions. Though it’s easy to assume you’ll be safe, you may find yourself in unexpected circumstances, such as a serious injury or even death. Don’t let this injury or death caused by a product impact you for the rest of your life, especially when you may be due damages.
Knowing what you can do to file a lawsuit and get compensation may take away some of the pain you’ve gone through. Our team of experienced product liability attorneys at Spencer Calahan Injury Lawyers in Baton Rouge will help you navigate your product liability case. We understand this is a difficult time, which is why we will be there for you every step of the way.
What Is Product Liability?
Louisiana’s product liability laws refer to a set of laws geared specifically towards products that have caused some sort of harm, danger, or death to a person. These lawsuits are filed to hold manufacturers, developers, or sellers accountable for a variety of reasons. In all cases, the victim must be able to prove that the product is unreasonably dangerous.
There are four ways you may be able to prove this:
- The design of the product is inherently flawed
- The composition of the product, through manufacturing issues, is flawed
- The product has a lack of directions that fail to adequately warn the victim of the danger
- It does not conform to the warranty of the manufacturer
In each of these cases, the burden of proof is put upon the defendant. In many scenarios, this is often the manufacturer of the product. The defendant must then prove that these flaws did not exist at the time the product left the hands of the manufacturer.
Defenses for Product Liability Claims
Because of the aforementioned burden of proof put on the defendant, the defendant may argue that the product was changed or modified in a way that was out of their control. In this scenario, the defendant is saying that the victim was the reason for the product causing an injury or death. This could also apply to the victim’s misuse of the product.
In certain scenarios, the defendant may claim that there was no way they could have known a product would have caused injury or death, as it was out of their control.
Reach Out to a Product Liability Lawyer in Baton Rouge
When you or a loved one is injured or killed in an accident caused by a product, it can be traumatic. However, the aftermath of this situation may feel just as difficult as the accident itself. You may be dealing with medical bills, funeral costs, therapy, and more.
The product liability lawyers in Baton Rouge at Spencer Calahan Injury Lawyers understand what you’re going through. We know it’s not easy, and we want to help you alleviate as many struggles you are facing as possible. If you need help filing a product liability lawsuit, reach out to us at 225-387-2323 or fill out a request for a free case review at the bottom of this page.