Every day, Americans use dozens of products, from brushing their teeth in the morning to cooking dinner on the stove at night. Unfortunately, defective products can endanger the health and wellbeing of consumers, potentially leading to hazardous situations that result in injuries.
When a product fails and causes injury, it can be overwhelming to know what to do next. In this article, we’ll provide an overview of product liability law in Louisiana and offer tips on what to do if you’re injured by a defective product.
What is Product Liability?
Product liability is the legal liability of the manufacturer or seller for producing or selling a faulty product to consumers. Laws surrounding product liability claims vary from state to state, so it’s essential to seek assistance from a local lawyer with experience in the personal injury cases like these.
Product Liability Law in Louisiana
Like all states, Louisiana has specific laws that dictate how product liability cases are handled. In Louisiana, these laws can be found in Section 2800.54 of the state’s civil code. This section outlines the manufacturer’s responsibility and burden of proof in cases of product liability. According to Part A of this section, if a product’s characteristic makes it unreasonably dangerous, and this danger causes damage to a person or entity, the manufacturer is liable for the damages. The section further specifies what qualifies a product as dangerous, including its design, composition, inadequate warnings, and failure to meet the manufacturer’s expressed warranty.
What Should You Do If You’re Injured By A Defective Product?
In the aftermath of a defective product injury, you may be at a loss with what to do. Here are a few things to do if you or a loved one were injured by a defective or unsafe product:
Seek Medical Assistance
If you or a loved one have been injured by a defective product, your first step is to seek medical assistance immediately. Go to the nearest local hospital and allow the skilled medical staff to treat your injuries. Avoid waiting too long, as delays could compromise your health and recovery.
The doctors and nurses will document the care you receive in your medical records, which is essential in building a well-rounded case, should you decide to file a product liability claim. After receiving medical care, focus on healing and recovery and follow your doctor’s advice.
Save the Defective Product
If possible, avoid throwing the defective product in the trash or tampering with it in any way. Leave it the way it was after the accident, storing it in a safe place where it will remain undisturbed.
Hang onto any supplemental documentation you have for the product, including a sales receipt, documentation, instruction manuals, or owner’s manuals. If you have the product packaging, keep that as well, but don’t worry if you’ve already thrown it away.
Keep Track of Everything
After you’ve received medical care, recount the situation and document everything you can remember. Write down anything you can about the product, including:
- The date of purchase
- How you used the product
- How the product failed
- Photos and videos of injuries resulting from the defective product, if applicable
When beginning your product liability claim, your lawyer will help you obtain a copy of your medical records associated with the situation. Each piece of documentation can be an essential building block in creating a strong case, should it go to court.
As you gather information, avoid discussing your injury on social media, as doing so could jeopardize your case.
Consult With A Skilled Defective Product Lawyer
Under Louisiana law, people have one year to file personal injury claims, including injuries associated with product liability claims. While this may seem like ample time, it can go by rapidly, closing the window of opportunity.
Because of this, it’s essential to seek assistance from a skilled defective product lawyer. Once you seek medical assistance and document anything you can remember associated with the situation, consult with an experienced personal injury lawyer. They can help you navigate your claim and assist you in court if the case reaches court.
Contact an Experienced Louisiana Defective Products Lawyer For Help With Your Case
The specifics surrounding defective products and product liability claims can be complex, so having a skilled attorney at your side is crucial. Your lawyer can assess all aspects of your case and fight on your behalf to secure the best possible result, even if the case goes to court.
At Saunders and Chabert, we believe you should receive compensation for your injuries. Our team has handled countless injuries and wrongful death claims surrounding product liability and understands how to build a compelling case to achieve the best solution. If you or a loved one has been injured as a result of a defective product, contact our team to start with a free consultation today.