New Iberia Products Liability Lawyer

New Iberia Products Liability Attorney

When you buy a product, you have a reasonable expectation of its safety. Unfortunately, products cause injuries and even deaths every year due to issues like defects and a lack of needed warnings. When manufacturers breach their duty of care to consumers of their products, they must be held liable. A New Iberia products liability lawyer can support you in filing a claim against a manufacturer if you were injured as a result of a dangerously defective product.

Sanchez Burke, LLC: Helping Consumers Hold Negligent Manufacturers Accountable

Injuries associated with defective products can cause debilitating and disabling injuries and even fatalities. If you or someone you love was injured because of a dangerous product, Sanchez Burke, LLC wants to help you. Our team has more than 60 combined years of experience, including substantial experience in personal injury law and product liability cases.

It is much easier to navigate a legal claim with experienced legal representation. We can investigate the defect or failure by the manufacturer that caused your injury and hold the entity or person liable for your damages. When companies cut corners and costs in manufacturing, design, and marketing, it can lead to dangerous defects. They must be held accountable for that negligence.

Understanding Product Liability Claims

Product liability claims can be made by consumers who are injured because of defective products or other manufacturer negligence.

A product may be a vehicle component, household appliances, children’s toys, or pharmaceutical drugs. Poor manufacturing materials, defects in design, or false warranties can cause these products to be unsafe and harm consumers and bystanders. When this happens, injured individuals can recover the cost of their medical bills, lost income, and other losses in a product liability claim.

What Are the Causes of Product Liability Cases?

A manufacturer can be held liable when a product is considered unreasonably dangerous. The four theories that make a product unreasonably dangerous in New Iberia, LA are:

• Manufacturing defect. A consumer product can be unreasonably dangerous because of the way it was constructed or composed, and the construction of the product differed from the standards set by the specifications. There may have been poor-quality materials used, or a poor process of fabricating the product. The defect, in this case, is unplanned but occurs while the product is still in the control of the manufacturer.
• Design defect. An unreasonably dangerous design means that the product was dangerous in its creation, meaning the defect is present in all products. You must be able to prove that there was an alternate, safer design that would not have injured you and did not change the function of the original product.

You must also prove that the likelihood of your injury was great enough and was of a severe enough nature that it outweighed the time and effort it would take to use that alternate design.

• Failure to warn. This claims that the product was unreasonably dangerous because of an inadequate warning. This occurs when the product has a potentially damaging characteristic, and the manufacturer fails to warn consumers and handlers of the product.This includes situations where a manufacturer later becomes aware of a danger after a product has been released or should have become aware of it with due care. Manufacturers are not only required to provide warnings for products when it is not dangerous outside of common knowledge, but the user should be reasonably aware of the potential damage of a product.
• Failure to comply with express warranty. A product is also unreasonably dangerous when the manufacturer makes an express warranty for the product, which the product does not conform to and which causes the consumer to use the product. The injury must also be proximately caused by the falsity of the warranty.

FAQs About New Iberia, LA Products Liability Laws

How Do Manufacturers Defend Against a Product Liability Case?

When you are filing a product liability claim against a manufacturer, there are several defenses they may use to lower their liability, including by claiming you were to blame. Some potential defenses may include claiming:

1. You misused the product, and normal use would not have caused damage.
2. You were not the intended user of the product.
3. You assumed the risk of injury by taking a known risk in using the product.
4. You or another party modified the product outside the manufacturer’s control.

What Types of Product Liability Cases Are Most Often Brought Under Negligence?

A product liability case that is brought under negligence is one that claims the manufacturer failed to uphold their duty of care to the consumers of their products. This may be for the following reasons in Louisiana:

1. There was a dangerous defect inherent in the design of the product.
2. There was a defect caused by poor manufacturing that made certain products dangerous.
3. The manufacturer failed to include necessary and complete warnings with the product.
4. The manufacturer made a warranty claim that was false.

What Is the Statute of Limitations on Product Liability in Louisiana?

The statute of limitations for product liability injury claims in Louisiana is a set period of time that you have to file a civil claim against the product manufacturer. You have the right to recover the value of your losses from the manufacturer if you have a valid product liability claim, but if you fail to file in the time period, the court will refuse a claim to recover compensation. If the product liability claim is for property damage only, there may be a different deadline.

What Is Covered by Product Liability?

In Louisiana, manufacturers are responsible for certain causes of harm as a result of their products. A manufacturer includes a person or entity that:

1. Fabricates, produces, designs, reconditions, or refurbishes a product.
2. Labels a product as their own.
3. Holds themselves as the manufacturer of the product.
4. Sells the product and has control over the design, quality, or construction of the product.
5. Creates a product that is included in another manufacturer’s product.

Find a Skilled Product Liability Attorney in New Iberia

Product liability claims are complex and have a narrow basis of negligence where you can hold a manufacturer liable. Our firm can review your situation to determine if you have a viable case and help you take the next steps to file a claim. We can work with you each step of the way, helping you make informed choices and handling investigations for you. Contact Sanchez Burke, LLC today.