Lake Charles Products Liability Lawyer

Lake Charles Product Liability Attorney

Consumers in Lake Charles, Louisiana, and throughout the United States have the privilege to be able to purchase and use the products of their own choosing. However, when doing so, they have the expectation that the product will not only fulfill its function but also be safe. If you have suffered injuries due to a defective product, a Lake Charles products liability lawyer can help support you in working toward the personal injury compensation you deserve.

Sanchez Burke has years of experience assisting clients with product claims cases, from those related to workplace accidents to wrongful death. Our Calcasieu Parish law firm can assist you in gathering evidence for your defective product case, navigating critical legal processes, and holding liable parties responsible for their oversight or neglect during the design and manufacturing process.

What Is Louisiana Product Liability?

In Louisiana, product liability is an area of law that helps people who are harmed by defective products get the compensation that they deserve. It’s important to note some of the most serious product liability cases affect and harm children, creating the need to hold toy designers, manufacturers, and distributors accountable for their actions. A Lake Charles products liability lawyer can help prove that a product was unreasonably dangerous under specific circumstances.

The product liability law in Louisiana is primarily dictated by the Louisiana Products Liability Act, which helps explain the recovery process through product liability claims. An experienced and knowledgeable Lake Charles lawyer can help you prove one of the following common production liability theories of recovery in order to help you win your case:

Design Defect

Design defects are related to the fundamental design of a product. In order to prove the design defect theory, a lawyer must prove that there was inherent danger associated with the design of a product. Your legal representation must be able to provide an alternative, safer design plan that is financially feasible and carries out the same purpose as the design in question.

Manufacturing Defect

Manufacturing defects are not intended, as compared to design defects, and are a product of the manufacturing process. Typically, manufacturing defects occur when a product is manufactured poorly and then sold to a consumer with the unforeseen defect. Your legal support must determine how the product deviated from the stated standards for the product and how that defect led to your injuries.

Failure to Warn

If there are any inherent dangers associated with a certain product, then designers, manufacturers, and distributors are required to warn consumers of these dangers. There should be clear labeling on products, as well as the details and comprehensive instructions on how to properly use the product.

If the manufacturing company does not give adequate warning about a product’s danger, they can be held liable for any injury that occurs as a result of the danger. A manufacturer that learns of the product’s inherent dangers after the product has left its control can also be held liable for its failure to warn of this danger. This is also the case if the manufacturer should have been aware of the danger with reasonable care.

Failure to Comply With Express Warranty

This production liability theory of recovery is typically less common in Louisiana, but it involves the manufacturer offering an express warranty, which leads to a consumer’s use of a product. If the warranty is false, then a product liability case can be brought forward.

Legal Support for Your Product Liability Claim

Whether your product liability case is related to a design defect, a manufacturing defect, failure to warn, or failure to comply with express warranty, the legal team at Sanchez Burke can support you in building evidence for your case and advocating on your behalf to show that Louisiana state law was breached. These defects and failures by manufacturers must be addressed, and they must work to prevent further injury.

You do not want to face large corporations without the support of a skilled legal team. These companies have substantial resources, and they aggressively work to limit their liability. Although manufacturing companies spend millions of dollars on the defense of product liability suits, our lawyers are skilled and passionate enough to take on their large budgets and big law firms.

Our team can work diligently to support your claim, helping you get the financial compensation you need. When another party is responsible for your injuries and other losses, you should not have to pay those costs. The legal team at Sanchez Burke knows how to fight in order to help our clients get compensation for pain and suffering, medical expenses, and lost wages. We hold manufacturers liable when they fail to keep consumers safe.

Common Products With Defects in Louisiana

Within the past few years, there have been a myriad of products that have resulted in harm to consumers due to defects. Baby products and children’s toys can pose a serious risk to young children, and many have been recalled after seriously injuring children.

Recalls of medical devices have increased in the past years, with devices such as artificial limbs, pacemakers, vaginal mesh, and breast implants being some of the most harmful to patients. Also, specific household products, such as blinds, heated blankets, candles, computers, hot water heaters, and mattresses made with flammable materials, have critically injured people and been recalled.

Equipment used in extractive industries, such as oilfield machinery or offshore drilling equipment, is also commonly found to be defective or unreasonably dangerous. Equipment that is utilized on vessels can be subject to product liability cases as well. Power tools such as nail guns, mills, drills, and electric saws have also resulted in product liability cases.

Defective products can also include motor vehicles, such as golf carts, motorcycles, motor scooters, and cars. Additionally, parts of motor vehicles, such as brakes, seat belts, and tires, have led to injury and recall. With such a wide variety of faulty products that can injure consumers, it’s important for the legal system to hold product manufacturers and designers accountable.

How Can I Pay for My Product Liability Case?

Product liability cases are typically financed on a contingency fee basis. This means that the client does not have to pay any money upfront for legal services. Instead, they agree upon a percentage of the settlement that the lawyer will take as earnings, but this is paid out only if the case is won.

However, there may be certain court and filing fees that still need to be paid. Before you decide on a lawyer, it’s important to ensure you’re working with a product liability lawyer who is open about fees and expenses.

FAQs

Q: What Is the Product Liability Law in Louisiana?

A: The product liability law in Louisiana holds manufacturers liable for the harm that is done by the products they make. This can include sellers of products that have control over the product and manufacture of products, like those who design, refurbish, or construct a product.

When the products made by those individuals or entities cause harm to their consumers due to negligence, those consumers can file claims to recover the value of their losses. Any bystanders harmed by the product also have a basis to recover losses.

Q: What Do You Have to Prove in a Product Liability Case?

A: In a product liability case in Louisiana, you must be able to prove that the product was unreasonably dangerous. This means that one of the following is true:

1. Construction was dangerous.
2. The design was dangerous.
3. There was an insufficient warning.
4. It did not comply with a stated warranty.

You must also prove that the product’s dangerous defect was the cause of your injuries and that the product is in the condition it was in when it left the manufacturer.

Q: How Might a Company Defend a Product Liability Case?

A: There are many potential defenses a company might use to avoid liability in a product liability case. This includes claiming that:

• The consumer misused the product or did not use it for its normal intended use.
• The consumer accepted an assumption of risk by using the product.
• The individual was not the intended consumer of the product.
• There was a modification done to the product after it left the manufacturer, and it is not from a defect caused by the manufacturer.

Q: What Types of Product Liability Cases are Most Often Brought Under Negligence?

A: Product liability cases brought under negligence are cases where a manufacturer failed to uphold their duty of care. The basis for a negligence or a strict liability product liability claim can include:

• A defect in the design of the product is present in all forms of the product.
• A defect in the manufacturing of the product was present only where poor materials or design standards were included.
• An inadequate warning for the product made it dangerous to the consumer.
• An untrue warranty claim.

Let Sanchez Burke Help You Hold Big Manufacturers Accountable

If you have been injured as the result of a defective or dangerous product, it’s important to hold negligent designers and manufacturers accountable in order to get the compensation you deserve and to maintain safety and justice for others. Reach out to our legal team today to start discussing the details of your case. Our experienced lawyers are ready to help you take action.