An Overview of Product Liability Lawsuits
When you purchase a product, you have the right as a consumer to expect it will work as advertised. While that is usually the case, a product may be defective and may cause physical or financial damage. A manufacturer who sells you the product could be held accountable. The product would need to be unreasonably dangerous and cause harm to its users. If you are searching for a defective product lawyer, look no further than WCW Injury Lawyers. Our team has experience handling product liability lawsuits in Baton Rouge and gaining justice for the victims involved. Read on to learn more about the different forms of defective product lawsuits and how we can help.
Four Conditions to Pursue Product Liability Lawsuits
Under general liability laws, a product must meet one of four criteria to be considered defective in Louisiana.
1. Defective in Construction
If the product was not properly assembled, it may have a defect in its construction. This means that the product was configured the wrong way from the outset and that its design has created a danger for consumers. Products such as hover boards have been the focus of claims after serious damage and injuries were caused by defects.
2. Defective in Composition or Design
When a product is “defective in composition or design,” the issue lies within the product’s overall blueprint. These products may function as planned, but the design itself poses risks to users. Think of something being dangerous even when used as directed.
Examples:
- Furniture that tips over too easily
- Toys with removable parts that are choking hazards
Proving this type of defect often requires demonstrating that there were safer design options that could have been used.
3. Lacking Adequate Warnings
Product liability can still apply if there’s a risk of user error. Even with a well-designed and properly manufactured product, manufacturers may be held accountable for false or misleading claims. This type of defect often arises in cases involving prescription drugs or medical devices.
4. Breaching an Express Warranty
An express warranty is a specific promise made by the seller or manufacturer about the product. If a product fails to meet these promises, especially in a way that leads to injury, you might have grounds for a lawsuit. It’s important to keep documentation of warranties, such as product manuals or advertisements, when pursuing this claim.
You May Be Entitled To Damages
If any of these defects exist, you may be entitled to damages by retaining a defective product lawyer who can represent you in court. In all cases, if you suspect a case of product liability, it’s best to consult with a product liability attorney. Your Baton Rouge attorney can see if your case has any merit.
Choose the Right Product Liability Attorney for You
The experienced legal team at WCW has been expertly managing product liability cases for clients for many years. Our Baton Rouge law firm takes great pride in representing people from throughout the capital region. Let us know how we can help by contacting us through our website or giving us a call at 225-383-4010. We look forward to fighting for your rights!