How to Get Compensation for Defective Product Injuries in New Orleans
Children love getting a new toy for the holidays, but parents may be more worried about a toy injuring their child because of a flaw in its design. More than 174,100 toy-related injuries received emergency room treatment in 2016. The Consumer Product Safety Commission (CPSC) reported seven toy-associated deaths involving children 15 and younger. Personal injury attorneys in New Orleans work with clients when defective product injuries become an issue.
Louisiana Product Liability Laws
In Louisiana, product liability cases are controlled by the Louisiana Products Liability Act (LPLA). The laws under this act state a product should meet a consumer’s ordinary expectations, and unexpected defects or dangers violate these expectations, making the product subject to product liability claims.
The LPLA provides for strict liability action against manufacturers of defective products that are found to be dangerous through a design or manufacturing defect, or because the manufacturer failed to provide sufficient instructions or safety warnings, or the product doesn’t conform to an express manufacturer warranty. While LPLA laws seem straightforward, product liability cases can be difficult to demonstrate in court, so it’s important to hire experienced personal injury attorneys in New Orleans to help.
Defective Product Injuries
Never assume that all products on the shelves are reasonably safe. Toy recalls are common occurrences, but only after a toy has proven to pose an unreasonable risk of injury or death. Check for current toy recalls and report injuries, so dangerous toys still on the shelves are recalled and other children aren’t hurt. Check your children’s toys carefully. If you have any doubts about safety, don’t allow them play with it. There are numerous injuries that could potentially lead to a product liability claim.
- Riding toys consistently have high incidents of injuries and deaths each year of all toy categories, in all age groups.
- Toys with small parts, small balls, button batteries, and small magnets are among the most dangerous for choking.
- When swallowed, batteries could lead to further injury. Battery-operated toys pose a hazard, especially if the battery can get loose. A toddler could swallow the loose battery, potentially causing tissue damage through a chemical burn.
- Big, soft stuffed animals look totally innocent, but around a baby, deadly. Infants younger who lack head control could end up face-down and suffocating from insufficient oxygen.
- With Star Wars coming back, light sabers are once again high on many kids’ wish lists. They’re fairly hard and could cause injury when roughly shoved into soft spots.
- Stringed toys like yo-yos or jump ropes lead to strangulation. They can also lead to blood-flow loss when wrapped around a limb too tightly. Many of these toys might include age-appropriateness on the label, but often lack strangulation warnings.
Hire Top Personal Injury Attorneys in New Orleans
We hope you and your family have a safe holiday, but should an injury occur, the personal injury attorneys in New Orleans at Mike Brandner Injury Attorneys can help you get compensation for defective toy injuries. Our office is open from 8 AM to 5 PM, but we’re available 24/7 at (504) 345-1111. Or, you can use our LiveChat online. We provide everyone with a free consultation and never charge a fee, unless we win your case. Don’t wait. Contact us today!