What is a products liability claim?
TODO: attorney to verify the elements of a products liability claim as stated.
A products liability claim arises when a defective or unreasonably dangerous product causes injury. To succeed, an injured person generally must show that:
- The product was unreasonably dangerous because of its design, its construction, an inadequate warning, or failure to conform to an express warranty.
- The defect caused the injury.
- The injury happened during a reasonably anticipated use of the product.
These cases often involve expert testimony on design and manufacturing. Insurance companies may pressure you to settle quickly for less than your claim is worth, which is why it matters to have an attorney evaluate your case early.
Types of product defects
- Design defects. The product is dangerous because of how it was designed, even if it was made correctly.
- Manufacturing defects. The product was made or assembled improperly, so it differs from its intended design.
- Failure to warn. The manufacturer did not provide adequate warnings or instructions about known dangers.
- Breach of warranty. The product did not perform as the manufacturer or seller expressly promised.
Common products in these cases
- Heavy machinery and industrial equipment
- Elevators and escalators
- Power tools and hand tools
- Prescription drugs and medical devices
- Automobiles and defective parts, such as tires, seatbelts and airbags
- Household appliances
- Children’s toys
- Furniture
- Asbestos and other toxic materials
Who can be held responsible?
- Manufacturers
- Component part manufacturers
- Distributors and wholesalers
- Retailers
TODO: attorney to confirm which parties to list, given Louisiana's product liability rules.
Damages in products liability cases
- Past and future medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Mental anguish and emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Property damage
- Wrongful death damages, when a defective product causes a death
What these cases require
Products liability cases call for extensive investigation and evidence preservation, expert witnesses such as engineers and medical professionals, an understanding of manufacturing processes and safety standards, and the resources and trial experience to take on large manufacturers and their insurers. We bring all of that to your case.