Baton Rouge Product Liability Attorneys

Elements of a Louisiana Product Liability Claim

In Louisiana, product manufacturers are only liable for injuries their dangerous products cause under very specific conditions. The product in question must be considered “unreasonably dangerous” when used in an intended, reasonably anticipated way. 

In other words, you may not have a strong claim if you were injured while using the product for something other than its intended purpose. 

A product may be unreasonably dangerous:

• In design. If the product’s final, produced design is inherently dangerous, you could argue the manufacturer knowingly moved forward with a dangerous product. You must generally show the unavoidable dangers of the chosen design outstrip any benefits produced by the design. Alternatively, you can prove another, less-dangerous design was overlooked in favor of the defective design.
• In construction or composition. If the product’s design is not inherently unsafe, a dangerous defect still may emerge during the manufacturing process. This is a defect the manufacturer may not have been aware of or intended but nonetheless exists in the final, distributed product. Manufacturing defects tend to only affect a relatively small number of units and rarely impact an entire line of products. 
• Because of a lack of sufficient warnings. For some products, a certain level of danger is unavoidable, especially if a product is used in an unintended manner. Manufacturers must provide adequate warnings of these dangers and how to avoid them. Consider, for example, the common warning to keep small parts or plastic packaging away from children under a certain age due to the potential for a choking hazard. You may have a claim if a product’s packaging and instructions lack of a seemingly necessary warning leads to injury. 
• Because it violates an express warranty made by the manufacturer. An “express warranty” is a promise explicitly made by the manufacturer. If the warranty compels you to purchase and use a product and the warranty’s falseness leads to injury, you likely have a claim.

Once you have proved that a product is unreasonably dangerous on at least one of the four grounds recognized in Louisiana, you must also establish the four elements of a product liability claim:

• The product injured you. You cannot prevail in a product liability claim if you were not actually injured, even if you can show the product was dangerously defective. 
• The injury-causing product was defective. You must show the product was “unreasonably dangerous” on one of the four grounds mentioned above. 
• The defect of the injury-causing product was specifically what injured you. The defect must be directly linked to your injuries. For example, if defective brakes did not allow you to stop in time to prevent a collision, any resulting injuries are the direct result of the defective component. If your vehicle happened to have defective brakes but you were injured because you failed to signal – meaning the accident had nothing to do with your brakes – you may not have a strong claim.
• The product was being used in a reasonably anticipated manner. Your claim will be significantly weakened if you were using the product in an unsafe, unusual, or ill-advised manner. 

Damages You Can Recover in a Louisiana Product Liability Lawsuit

Obtaining compensation in a product liability claim can be somewhat straightforward if the product that injured you has been recently recalled by the manufacturer. A recall represents an acknowledgment by the manufacturer that their product is inherently dangerous and should not be used. 

In many cases, however, a manufacturer will do everything possible to avoid recalling a product. They are more likely to suggest a product is not dangerous and that you are responsible for your injuries.

If you wish to file a product liability lawsuit in Louisiana, you must do so within one year of the date you sustained injuries. In some situations, you may be able to take legal action within one year of the date you discovered (or reasonably should have discovered) injuries that were not immediately obvious. 

For example, certain types of paint can produce adverse health effects, and you may not realize the paint injured you until well after your continued exposure to them. 

Do not assume you do not have a claim even if you think you may be partially responsible for your injuries. You can still potentially recover some damages if you were partially at fault, though a damage award will be commensurately reduced. 

Our Baton Rouge product liability lawyers will fight to recover compensation for all injury-related losses, including:

Keep in mind that when you file a product liability lawsuit, you are most likely going up against a large company with considerable legal resources. 

These businesses will do everything possible to avoid admitting fault and can frequently overwhelm less-experienced lawyers. Our team at Chris Corzo Injury Attorneys has what it takes to prevail and is ready to take on any company whose defective products cause harm, no matter their size. 

Be the victor, not the victim. Contact us online or call (225) 230-3110 to discuss your case with us.