Lafayette Personal Injury Attorney Discusses Consumers’ Rights With Product Injuries
Posted on Aug 4 , 2017
Product liability laws that protect consumers are governed at the state level. Depending on the specific type of defect that caused an individual’s injury, consumers may have legal recourse through negligence in manufacturing, breach of warranty, and strict liability. Sometimes manufacturers fail to warn consumers of potential dangers and it can result in injury, such as awareness that a medication has adverse side effects or that a product contains a chemical substance known to be hazardous to your health. While a product must have been acquired by a consumer in the marketplace to be eligible for a product liability suit, the injured individual does not have to be the person who purchased the product. Knowledge of production processes and technical information is important to proving liability in a defective product injury case. That is why having representation from a Lafayette personal injury attorney who understands the complexities of this area of the law is essential.
Causes of Product Liability Injuries and Recalls
Products can be defective in several different ways and these defects can pose serious harm to consumers. Liability for consumers’ injuries or fatalities caused by a defective product may fall on the company that produced the product, the retailer that sold the product, or possibly both entities. Generally, injuries can result from defects related to the product’s design, construction, testing process, or package labeling. Inadequate information about proper product use or failure to clearly warn consumers about potential hazards on a product’s packaging or instructions can result in injuries that the manufacturer or retailer may be held accountable for. Negligence may also be demonstrated if flaws in the process of development, production and safety testing result in a product defect that causes injury or death. If you use a product correctly without altering it in any way and sustain an injury, a Lafayette personal injury attorney with the Get Gordon team can consult with you to determine whether you may have a product liability case.
Toys, cribs, car seats, and other goods intended for kids and infants that have been recalled due to defects can be extremely dangerous because babies and small children may be particularly vulnerable to serious injuries or even death from faulty products. There have been many cases of children suffering lead poisoning from the some toys imported from other countries or antique toys that have been passed down to them from older relatives. Babies and toddlers often put toys in their mouths and this normal behavior can expose them to lead and potentially make them sick. Although the U.S. has banned companies from using paint that contains lead in children’s toys, the element is still used in certain plastics. In fact, even recently, traces of lead were discovered in a popular type of shoes and national brand of make-up for adolescent girls.
It’s important to check the Consumer Product Safety Commission and the CDC websites for up-to-date information about product recalls. In addition, if you have sustained an injury from an unsafe product you should always report it to these organizations to help prevent more injuries from happening by informing other consumers about safety risks. Filing a product liability claim can also help to initiate a larger investigation into a product’s safety and if there is a significant number of people who have been harmed by the product it may result in a class action lawsuit. These types of large-scale suits can result in a nationwide recall by the manufacturer, which will raise awareness about the hazards and potentially save lives.
Get Help From A Lafayette Personal Injury Attorney If You Are Injured By A Product Defect
If you suffer harm or your child is injured by a dangerous product, you have a right to be compensated for your family’s damages, injuries and pain and suffering. A Lafayette personal injury attorney with experience in product liability laws can help you recover the payment you deserve. At Gordon McKernan Injury Attorneys, our law firm is staffed by skilled litigators and legal investigators who have represented many victims of defective products in the Lafayette, Louisiana region. Our injury attorneys have won lawsuits against manufacturers and distributors for a wide range of product injuries and illnesses, including medical devices and implants, pesticides and other toxic chemicals, food and prescription medication recalls, and defective tires, airbags and other automobile parts. Contact McKernan law firm in Lafayette, Louisiana today at 337-999-9999 to receive a free evaluation of your injury claim.