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Houma Defective Product Attorney
When you buy a product, you trust that the people who made it took the time to ensure it’s safe for you to use. Unfortunately, some companies care more about making money than making sure their products are safe. They focus more on making a profit and sometimes overlook the critical responsibility of anticipating and communicating any potential risks to customers.
If you have suffered harm because of this lack of care, you should contact a Houma defective product attorney with experience in defective product cases. They’ll be able to help you through the process of your defective product lawsuit and seek fair compensation.
For more information about defective products as well as how Gordon McKernan Injury Attorneys can help you, we encourage you to continue reading along.
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What is a Defective Product?
When a product is defective, it means that it’s not safe for its intended use. In the following sections, we’ll discuss the role of a Houma defective product attorney and the types of defective products.
The Role of a Houma Defective Product Attorney
Manufacturers have a responsibility to ensure that their products are safe for use, and if they fail to do so, they can be held liable for any injuries or damages that result.
A Houma defective product lawyer is responsible for holding manufacturers accountable for their negligence in producing unsafe products. In other words, they ensure that manufacturers are held accountable for their actions and that consumers are protected from unsafe products.
3 Main Types of Defective Products
There are three main types of defective products: manufacturing defects, design defects, and failure to warn/instructions for use defects. In the following sections, we will discuss each type of defect in detail.
Manufacturing Defects
Manufacturing defects occur when there is an error in the manufacturing process that makes a product unsafe.
These defects can lead to liability for manufacturers or distributors.
The theory of strict liability applies to manufacturing defects, which means that the manufacturer is liable for injuries caused by the defect, regardless of whether they were negligent. Plaintiffs must prove that the product was defective and that the defect caused their injuries.
Design Defects
Design defects occur when there is a flaw in the design of a product that makes it unsafe.
Unlike manufacturing defects, design defects are present in all products of a certain line. Manufacturers can be held liable for design defects if they knew or should have known about the defect and failed to correct it.
Factors that need to be considered to determine the existence of a design defect include:
- The feasibility of an alternative design.
- The cost of implementing the alternative design.
- Whether the product is still serving its intended purpose.
Failure to Warn/Instructions for Use Defects
Failure to warn/instructions for use defects occur when a manufacturer fails to provide adequate warnings or instructions for the use of a product.
Manufacturers have a duty of care to warn consumers of any potential dangers associated with their products. If a manufacturer fails to provide adequate warnings or instructions for use, they can be held liable for any injuries or damages that result.
Product Liability Laws in Terrebonne Parish
In this section, we will discuss federal and state regulations related to product liability.
Federal Regulations
The Consumer Product Safety Commission (CPSC) is a federal agency that is responsible for protecting consumers from unsafe products. The CPSC has the authority to issue recalls of products that are found to be unsafe.
Manufacturers and distributors can be held liable for injuries caused by their products under the Consumer Product Safety Act (CPSA) and the Federal Food, Drug, and Cosmetic Act (FDCA). The CPSA requires manufacturers to report any potential safety hazards associated with their products to the CPSC. The FDCA requires manufacturers to ensure that their products are safe and effective for their intended use.
State Regulations
Louisiana has its own set of product liability laws, governed by the Louisiana Products Liability Act (LPLA). The LPLA provides a legal remedy for people harmed by dangerous products.
Furthermore, manufacturers can be held liable for injuries caused by their products if they are found to be defective. The LPLA defines a manufacturer as a person or entity that manufactures a product to be placed into trade or commerce.
The law also considers certain other people or entities to be manufacturers subject to liability. These include someone who puts their name on a product label, a seller who controls a characteristic of the design, construction, or quality of a product that causes injury, and a seller who sells goods made by an alien manufacturer outside the U.S. if the seller is the foreign manufacturer’s alter ego.
Key factors that determine if a product is considered defective under product liability law include:
- Whether the product was unreasonably dangerous in construction, composition, or design.
- Because of inadequate warning or because it did not meet an express warranty.
Commonly Filed Personal Injury Lawsuits for Defective Products in Houma
Truck accidents resulting from faulty parts or design flaws are a common type of personal injury lawsuit filed in Houma, LA. These accidents can lead to injuries and casualties due to the size and weight of commercial trucks.
Examples of specific accidents include brake failure, tire blowouts, and rollovers. Victims of truck accidents can file a lawsuit against the manufacturer of the truck, the manufacturer of the faulty part, or the trucking company.
If the plaintiff proves their case, they can collect compensatory damages for specific types of past and future harm, including medical bills, lost wages, pain and suffering, emotional distress, and wrongful death.
Types of Houma Product Liability Lawsuits
There are generally three main categories of product liability lawsuits in Houma, LA:
1. Strict Liability
The majority of product liability cases are pursued under the legal theory of strict liability. In these claims, the plaintiff only needs to establish two things: the product is defective, and they were injured as a result of that defect.
If these two conditions can be proven, the manufacturer can be held fully responsible for all damages resulting from injuries caused by the defect. It doesn’t matter how much care they took during the manufacturing process.
However, this doctrine applies only if the product was purchased through the chain of distribution, such as from a retail store or wholesaler. Claims related to second-hand or other non-chain purchases of a defective product are not eligible under strict liability.
2. Negligence
To bring a claim under negligence statutes, the claimant must demonstrate that the manufacturer was negligent either in the design or production of the product, resulting in injuries.
The consumer must show that the defendant had a duty to sell a safe product and that this duty was breached. To establish a breach of duty, the plaintiff needs to prove that the defendant either knew or should have known about the product’s defect before selling it.
Additionally, they must demonstrate that their injuries were directly caused by the defective product.
3. Breach of Warranty
When a product is sold, the buyer relies on two types of warranties:
- Express warranty: This is an explicit statement about the product’s safety made by the manufacturer or retailer.
- Implied warranty: This is the implicit promise that if used as intended, the product will not cause harm.
If a defective product violates either of these warranties, individuals who were harmed by it may be eligible for compensation through a defective product claim.
Why Hire a Houma Defective Product Attorney?
If you or a loved one has been injured by a defective product, it’s important to consult with an experienced Houma defective product attorney. Here are some of the reasons why:
- They understand the law. Defective product law is complex and ever-changing. An experienced defective product lawyer near Houma will be up to date on the latest laws and regulations and will know how to apply them to your case.
- They can investigate your claim. Determining whether a product is defective and who is responsible for your injuries can be a daunting task. A defective product attorney near Houma will have the resources to investigate your claim and gather the evidence you need to prove your case.
- They can negotiate with insurance companies. Insurance companies are often reluctant to pay out on defective product claims. An experienced defective product law firm will know how to negotiate with insurance companies to get you the compensation you deserve.
- They can take your case to court. If necessary, an experienced attorney will be prepared to take your case to court. They will represent you in all aspects of the litigation process, from filing the lawsuit to arguing your case in front of a judge or jury.
- They can help you get the compensation you deserve. If you are successful in your defective product claim, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. An experienced Houma defective product attorney will work to get you the maximum compensation possible.
Here are some additional benefits of hiring a Houma defective product attorney:
- They can provide peace of mind. Dealing with the aftermath of a defective product injury can be stressful and overwhelming. A Houma Defective Product attorney can take care of the legal aspects of your case so you can focus on your recovery.
- They can hold the responsible parties accountable. Defective products can cause serious injuries and even death. By holding the responsible parties accountable, you can help to prevent future tragedies.
- They can help to make the world a safer place. By bringing defective product claims, you can help to make manufacturers more accountable for the safety of their products.
If you have been injured by a defective product, don’t hesitate to contact an experienced Houma defective product attorney. They can help you understand your legal rights and options and can fight for the compensation you deserve.
Speak with a Houma Defective Product Attorney Today!
If you’ve been injured as a result of a defective product, you should contact a Louisiana defective product attorney as soon as possible to discuss your options.
At Gordon McKernan Injury Attorneys, we have 679+ years of combined legal experience with over $3 Billion recovered for our clients. We encourage you to give our Louisiana personal injury attorneys a call today. As part of our G Guarantee, you won’t owe us anything unless we win your case.
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