People should be able to rely on a product working safely and as advertised, and defective or faulty products that do not work can lead to injuries or kill people. When a design or manufacturing defect in a product caused injuries to you or a loved one, you may have the right to file a product liability case with assistance from a knowledgeable personal injury attorney.
The Louisiana Products Liability Act (LPLA), Louisiana Statutes § 2800.51 et al., specifies a product must be unreasonably dangerous for a plaintiff to prevail in a products liability lawsuit, however, the definition of unreasonably dangerous can be subjective. A Cut Off defective products lawyer could assess your case and see whether you have grounds for a product liability lawsuit.
The LPLA
According to the LPLA, things that can make a product unreasonably dangerous include problems with the product’s construction or composition, design defects, insufficient warning of the hazards linked to the product, and the product not complying with the manufacturer’s express warranty.
An express warranty applies when the manufacturer promises a product will perform a specific way. It differs from an implied warranty, which is an implied promise the product will work as it is supposed to. A Cut Off defective products liability attorney could look at whether the product is covered by express or implied warranties to support an injured person’s claim, which may be filed alongside other claims. For example, when a longshoreman’s injuries are covered under the Longshore and Harbor Worker’s Compensation Act, that coverage will not exclude a defective product claim.
Alternative Designs
One of the requirements of the LPLA says the product must have been unreasonably dangerous, meaning there must be an alternative design that would have prevented the injury. Some products are inherently dangerous, such as chainsaws. There is no way to manufacture a working chainsaw that eliminates the risk the chainsaw will cause cutting injuries, and the inherent danger of a chainsaw is that it will cut someone. A chainsaw that explodes because of a manufacturing defect would be considered unreasonably dangerous, because it could have been manufactured in a way to prevent injury.
One of the facts a defective product attorney in New Orleans could try to demonstrate is that an alternative design would have been safer, which they could do by showing products from competitors that do not have the same risk. An effective way to demonstrate an alternative design would have prevented the injuries is to show the company considered the alternative but dismissed it because it was too expensive.
Products Liability Cases Can Be Expensive
Defective products cases can be very expensive because attorneys may need to have expert witnesses to argue the product could have been designed or manufactured more safely. These witnesses can provide alternative designs, discuss manufacturing defects, and tell a jury about industry safety standards such as storage of bulk cargo.
Experts can be prohibitively expensive, but injured people should still seek the help of a New Orleans attorney with experience in defective products cases. Most personal injury attorneys will take defective product cases on a contingency basis, meaning injured parties do not pay attorney’s fees unless the lawyer wins the case for them. During a consultation, a lawyer could explain whether these costs are included in the arrangement.
Meet With a Defective Products Attorney in Cut Off
Injuries from a defective product can range from minor to deadly, and you should be able to recover financial compensation from the company that made the product responsible for your injuries. Contact a Cut Off defective products lawyer today to find out whether you have a product liability case. They could explain your potential remedies, suggest settlement ranges, and give you a potential timeline for your case.
