Suppose you buy a new shampoo based on the claims in a TV commercial or social media ad. This miracle product claims to give you thicker, stronger hair after 30 days. If it does not work? Well, you may be willing to chalk it up to marketing exaggeration.
On the other hand, if it makes your hair fall out and causes chemical burns that require reconstructive surgery, you will likely need to contact a personal injuries lawyer.
Before you type “personal injury lawyer near me” into the search bar, keep reading to find out more about product liability laws in Louisiana and how an experienced lawyer can help you.
Everyday Products We Use Can Be Defective
Though the shampoo example may be a little extreme, when you spend your hard-earned money on a product, you tend to believe that it will perform as the manufacturer promised.
Sometimes a purchase does not meet these expectations, however. Items that frequently are the subject of product liability personal injury claims include:
- Medical equipment
- Household appliances and tools
- Industrial equipment
- Car parts
- Car seats
- Children’s toys
- Medications or supplements
The resulting injuries can range in severity from minor inconvenience to death.
If enough people have suffered severe issues resulting from a product defect, a personal injury attorney or law firm may even file a class-action lawsuit.
Product Liability and Legal Theory
Under product liability laws, the legal system can hold a manufacturer responsible for creating and selling an unsafe product. If a company uses substandard materials or hazardous ingredients, the products may lead to consumer injuries. If a court finds that the manufacturer could have prevented those injuries, the liability lies with the manufacturer.
However, according to the legal theory of liability, the manufacturer may not be solely responsible. Any company that has any part in the product’s production and distribution may share in the accountability. So the marketing firm, the transportation firm, or the store that stocked the product may hold some responsibility.
The legal system’s role is to protect you and other consumers. If you feel overwhelmed by your injury and unsure of how to proceed, personal injury lawyers can help.
Louisiana Product Liability Laws
Manufacturers cannot predict the future, but they have a duty to use reasonable foresight to determine potential hazards that might arise when consumers use their products. Defects or a lack of warnings about known problems can create the potential for a product liability case.
In Louisiana, the legal system will consider both (1) defects with the product and (2) negligence on the manufacturer’s part. Your attorney will need to prove that the defect presented a hazard because of faulty design, manufacturing issues, or defective marketing.
Your lawyer will also need to show that
- The manufacturer failed to provide adequate warning of likely hazards
- You were using the product properly
- Your injury resulted from the defective product
- You suffered accountable losses
Does Louisiana Have a Statute of Limitations for Defective Products?
In Louisiana, the law mandates a one-year statute of limitations for a personal injury claim resulting from product liability, which means that you have one year from the date you realized that you suffered an injury due to a defective product.
You may be dealing with a variety of logistical issues and emotions surrounding your injury. We recommend that you contact a personal injury lawyer as soon as possible so you’ll still have time to file a claim.
What Are the Most Common Types of Injuries from Defective Products?
Defective products may cause a variety of injuries, including:
- Bone fractures
Other types of injuries may result from defective products, so you should consult a personal injury attorney to see if you may have a product liability case.
Have You Sustained an Injury from a Defective Product? Contact Herrin Kervin Injury Attorneys
If you have suffered an injury from a defective product, our team at Herrin Kervin Injury Attorneys in Covington, Louisiana, can help.
For our lawyers, personal injury is the primary focus of our practice, and we have significant experience with cases involving brain and spinal injuries. Plus, we can try cases while most personal injury firms do not.
In addition to product liability, our personal injury practice areas include:
- Car accidents
- Motorcycle accidents
- 18-wheeler accidents
- Medical malpractice
- Slip-and-fall accidents
- Nursing home negligence
- Bounce house and inflatable accidents
- Wrongful death
At Herrin Kervin Injury Attorneys, we operate on a contingency basis, which means you will never pay legal fees – ever! – unless you receive a settlement in your favor. Our professional team will sit down to review your potential product liability case at no cost to you.
We believe in quality over quantity, so we do not take every case. This approach gives us the ability to provide the focus and attention our clients deserve.
Our firm at Herrin Kervin serves clients throughout Louisiana. If you cannot come to us, our personal injuries lawyer will come to you at your home or the hospital. We’re ready to advocate for you! Contact us today at 985-807-1792.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.