When you purchase a product, the manufacturer, distributor and seller of that product owe you, the consumer, certain protections. They have a legal obligation to ensure that the product they put in your hands is safe and that it will not injure you if you use it in its intended manner. They also must warn you of any dangers that exist related to the use of the product.
Unfortunately, despite these legal obligations, dangerous products come onto the market every day. Medicines cause unexpected side effects. Tainted toys or pet foods injure kids and animals. Cars roll over and brakes fail, causing injuries and fatalities. A host of bad things happen when products malfunction or pose hidden dangers to the consumer.
If you or a loved one has been injured by a defective product, the manufacturer, distributor and/or seller of that product may have breached its obligations to you. You may be able to hold them responsible for the resulting injury by filing a personal injury or product liability lawsuit to recover compensation for medical costs, lost wages, pain and suffering, emotional distress, wrongful death and/or other damages incurred as a result of the faulty product.
Proving a Product Defects Case
In order to make a defective products claim and successfully recover compensation, you will need to prevail on one or more legal theories. You must show that you used the product as intended and that you suffered harm as a result. Or, you must establish that the injury you suffered was a direct result of a poor design of the product. Finally, if your case is based on a failure of the manufacturer to warn you of a danger or a defect, you will need to show that the warnings were inadequate.
In product defect cases, you do not have to prove that the manufacturer was negligent or careless in causing the product defect or in causing your injury. Product liability cases are based on strict liability rules, meaning that manufacturers can be held liable for dangerous products even if they were not careless, because they are in the best position to take all necessary steps to prevent any possible danger. Strict liability eliminates the need to prove negligence on the part of the manufacturer, distributor or seller and that can make your case easier to prove.
A New Orleans Personal Injury Lawyer Can Help
If you want to take action against a company for selling a dangerous product or for failing to warn you about the dangers of a product that harmed you or a loved one, you will need a legal advocate on your side. The experienced New Orleans personal injury lawyers at J.C. Lawrence and Associates, LLC can help. We are well-informed in product liability issues and have a long track record of taking action against companies who make unsafe products. In short, we get justice for our clients who were injured by a defective product.
At J.C. Lawrence and Associates LLC, our New Orleans personal injury attorneys handle all aspects of your claim for you. We will help you identify all proper parties to your lawsuit, since multiple defendants may be liable, including the manufacturer of defective parts, the manufacturer of the product, and/or the parties who distributed or sold the product. We will gather the necessary proof you need to pursue your case and help you secure the maximum amount of damages available under the law. Contact us today for a free consultation.