Defective Products and Your Rights
Defective products can cause serious injury, illness, trauma and even death. If you think you might be the victim of a dangerous product, contact a defective product lawyer in Louisiana today.
As a consumer, it’s important to understand your rights when purchasing products. It is also important to know what your options are if you suffer injury or illness due to negligence.
First, there are three main types of defective product claims. However, the legalities can vary greatly from case to case depending on the product in question and the type of injuries suffered.
What you need to know about defective products and your rights:
Manufacturer Defects: This type of defect refers to a negligent mistake made directly by the manufacturer. This happens when a manufacturer fails to uphold the integrity of the design of a product.
Design Defects: Unlike a manufacturer defect, this type of defect refers to a flaw in the product’s design itself.
Defects in Warnings: If a product has a known hazard to consumers. The law requires companies to state the hazard on a written warning label. If a company has failed to properly warn consumers of inherent dangers of their product contact a defective product lawyer in Louisiana right away. Especially when injured.
Some examples of dangerous products:
- Vehicle recalls and defects
- Dangerous toys for kids
- Harmful drugs or medications
- Toxic chemicals and materials
- Defective medical devices
- Harmful food products
- Defective consumer products
As you can see, defective products come in all shapes and sizes. Moreover, any company can make these mistakes even if they are careful during the design and manufacturing process.
Common Defenses for Defective Products
If you find yourself in the middle of a defective product lawsuit, it’s important to understand the kind of defenses the litigant might present in the courtroom.
One of the most common defenses used by defendants in this type of case is that the plaintiff cannot accurately identify the supplier of the product which caused the injury.
However, there is an exception to this rule called “market share liability”. This only applies to defective medications and the plaintiff is unable to properly identify which pharmaceutical company supplied the defective medications.
In this case, the manufacturer will be held responsible according to the number of sales in the area where the plaintiff sustained their injury or illness.
Another common defense used in defective product cases is claiming the plaintiff made alterations to the product after the manufacturing process was complete and therefore, it would be impossible to tell whether the product or the alteration caused harm.
Similarly, the defendant might claim that the plaintiff did not use the product as intended, and it was the misuse that caused the injury.
Contact a Defective Product Lawyer in Louisiana
If you or a loved one has suffered an injury due to a defective product, call the Brandner Injury Attorneys at (504) 345-1111 to schedule your free consultation today. Best of all, there’s no fee unless you win your case.
Our office hours are 8 a.m. – 5 p.m., but we will take your call 24/7. Or you can connect with us on Livechat now.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.