Baton Rouge Product Liability Lawyer

Baton Rouge Product Liability Attorney

When you buy a product, you have a reasonable assumption that it will not have hazardous defects. Manufacturers have a legal duty to the consumers of their products, and this includes not distributing unreasonably dangerous products. When products have defects, they can cause serious injury. A Baton Rouge product liability lawyer can help individuals and families who are dealing with the aftermath of a dangerous product.

Working with a dedicated Baton Rouge personal injury lawyer could help you recover losses like lost wages, medical expenses, and pain and suffering damages. The Lucky Law Firm, PLC, can help you hold manufacturers liable for their failures. For nearly 15 years, our firm has supported our community in Baton Rouge, providing compassionate and straightforward representation.

Common Types of Defective Products in Product Liability Cases

There were more than 12 million injuries in 2023 from consumer products, according to the National Safety Council. In 2020, injuries from beds, mattresses, and pillows were responsible for an estimated 811,000 emergency department visits. The most common cause of injuries from products was on stairs, ramps, landings, and floors.

While injuries from children’s toys occur less frequently, they can be very serious. There were an estimated 231,700 children between 0 and 14 who needed emergency department treatment for a toy-related injury.

Other products that are involved in product liability cases include:

• Vehicle components, like brakes, wipers, airbags, and other parts
• Medical devices, like pacemakers or replacement joints
• Prescription drugs
• Electronics and lights
• Exercise equipment
• Household appliances
• Tools
• Ladders
• Furniture
• Skateboards, scooters, and hoverboards
• Carpets and rugs

If you or a loved one was injured by a dangerous product, getting medical care is essential. Hospitals and medical centers in Baton Rouge include:

• Our Lady of the Lake Regional Medical Center, located at 5000 Hennessy Boulevard
• Ochsner Medical Center Baton Rouge, located at 17000 Medical Center Drive
• Baton Rouge General Bluebonnet, located at 8585 Picardy Avenue

There are many products that are defective, and not all will result in a serious hazard. Unfortunately, some can result in serious injuries and even death. It is important to talk to an attorney if you are injured because of a product and determine if you have the basis for a claim.

Unreasonably Dangerous Product Liability Law

In order to hold a manufacturer strictly liable for the damages caused by a product, you must prove that the product was unreasonably dangerous, among other elements. There are four grounds for a product to be unreasonably dangerous:

1. Manufacturing defect. This means the product is unreasonably dangerous because of the way it was constructed or because of the materials it was composed of. The construction or composition of the product deviated from the specifications of the product in some way, such as using cheaper materials, and this made it dangerous. It’s important to note a manufacturing defect may not make all the products dangerous.
2. Design defect. This occurs when the product is unreasonably dangerous because of its design, meaning all products include this defect. A product’s design is considered dangerous when there is an alternate and safer design option available and when the chances of the dangerous design causing injury outweigh the cost of using that alternate design.
3. Failure to warn. A product can be considered unreasonably dangerous because the manufacturer failed to provide sufficient warning. Manufacturers are required to use reasonable judgment when determining if a warning is needed regarding potential hazards.Manufacturers don’t have to provide a warning for their product when the hazards of a product are considered common knowledge by its user base, and the product is not dangerous beyond that. Warnings are also not required when the user should reasonably know the characteristics that may cause a hazard.
4. Failure of warranty. A product is considered unreasonably dangerous if it fails to uphold an express warranty provided by the manufacturer, and the warranty caused the individual to buy the product.

Determining what legal basis your claim falls under can be complex. When you work with an experienced attorney, they can review all the specifics of your case and apply their legal knowledge to help you determine the grounds of your claim.

FAQs About Baton Rouge,LA Product Liability Law

What Is the Product Liability Law in Louisiana?

The product liability law in Louisiana holds manufacturers liable for unreasonably dangerous products. If someone was injured while they were using the product in a reasonably expected way, and there was a specific issue with the product that led to the product’s malfunction, the manufacturer is strictly liable for damages. The product must also have been unreasonably dangerous when it left the control of the manufacturer.

What Can You Sue for Product Liability?

Product liability claims can be filed against manufacturers and sellers of products. This includes nearly any entity or individual involved in the process of designing, creating, controlling, constructing, distributing, or selling the product.

The exact party you can hold liable for your defective product will depend on the issue. If your product was dangerous by design, then the designer of the product may be held liable. An attorney can help you determine what entity is liable.

What Are the Three Most Common Claims Made by Plaintiffs in a Product Liability Case?

The three most common claims for product liability cases include:

1. Manufacturing defect, or a product that is unreasonably dangerous because of the way it was made or its materials
2. Design defect, or a product that is dangerous because of an issue inherent in its design, and there were safer options
3. Failure to warn, or a product that is dangerous because the manufacturer did not use reasonable care in warning consumers of potential hazards

How Do You Prove a Product Liability Case?

In order to prove a product liability case, you must prove:

1. The product was unreasonably dangerous.
2. The aspect of the product that made it unreasonably dangerous was present even when the product was used as reasonably anticipated.
3. The aspect was present when the product left the manufacturer’s control.
4. Your injuries were proximately caused by the product’s dangerous aspect.

If you can prove all these elements, the manufacturer is held strictly liable for your damages.

Contact The Lucky Law Firm, PLC

If you’ve been injured by a defective product, let us help you turn your luck around. Contact our firm today to schedule a consultation and see if you have the grounds for a personal injury claim.