When you purchase a product, it comes with an implied warranty that the product is not defective and is useful for its intended purpose. Products that cannot safely perform their intended purposes when used appropriately are defective. If you are lucky, you discover that a product is defective before it causes any injuries. However, many of these defects are not noticeable to the consumer. As a result, thousands of people are injured by defective products each year.
When you or a loved one are injured by a defective product, the manufacturer, distributor, or seller may be liable for your injuries. A Metairie defective products lawyer could investigate the circumstances of your injury to identify potential defendants. Then, our proactive injury attorneys could build a strong legal claim to help you fully recover from those injuries.
The Louisiana Products Liability Act
Louisiana Statutes § 2800.51 outlines the Louisiana Products Liability Act (Act). According to state law, manufacturers have a duty not to design or create defective or unreasonably dangerous products. If a product is inherently dangerous—and they cannot create a safer design—the manufacturer has a responsibility to provide sufficient warnings about the product’s dangerous nature.
Importantly, the Act does not apply to every situation. For a consumer to have a claim under the Act, they must use the product in its intended manner. Then, the product must be unreasonably dangerous during an expected use. Using a product in a way that the manufacturer would not have anticipated or failing to follow the manufacturer’s instructions for use can invalidate a claim under the Act.
When the product causes damage when used in its customary manner, the consumer has a claim against the manufacturer. They may also have claims against distributors and sellers. The damages can include all the economic and non-economic damages that flow as a natural result of those injuries.
What Makes a Product Defective?
There are three main ways that a product can be defective: design, manufacture, and labeling. The type of defect does not impact a person’s ability to recover. Still, it may narrow the range of appropriate defendants for a claim.
A design defect will impact an entire product line. It refers to something inherently flawed in the design process. In order for it to be a defect, it must be possible to design the same product with the same intended use in a safer manner. An inherently dangerous product is not necessarily defective. A manufacturing defect indicates a flaw in the manufacturing process. If manufactured appropriately, the product would not be dangerous. These defects can impact different runs of the product. They may impact anywhere from a single product to thousands of items. A failure to warn or label defect alleges that the manufacturer did not put sufficient warnings regarding the danger of the device.
If a product causes an injury, a Metairie product liability lawyer could examine why the product was defective. The nature of the defect can also impact potentially liable parties.
Common Types of Defective Products
Almost any product can be defective, but liability under the Act only attaches if the defects are dangerous. A personal injury is necessary for a claim under the Act. A product that fails to fulfill its express or implied warranties without creating a dangerous situation or causing an injury may still be defective; however, the remedy for those products is not under personal injury law.
The types of defective products that frequently lead to injuries include:
- Automobiles
- Children’s toys
- Baby products
- Household products
The type of injury they cause depends on the defect. Electronic devices may have a fire hazard, children’s toys could cause injuries during play, and baby products might have loose buttons or other hazards. The nature of the defect does not determine whether or not someone has a claim as long as the defect led to the injury. A diligent defective products attorney in Metairie could investigate a claim and provide an opinion on whether a defect was responsible for a person’s harm.
Talk to a Defective Products Attorney in Metairie
Defective products can cause a range of injuries, from mild harm up to death. The available damages depend on the extent of the physical injury and the resulting economic and non-economic damages. Schedule a consultation with a Metairie defective products lawyer to discuss your case. They could inform you of your rights after a defective product injury.
