When you buy a product, you expect it to work correctly and assume it will be safe to use. However, many product manufacturers focus more on profits than consumer safety, and that leads to cutting corners when designing and manufacturing products. Defective products cause countless serious injuries and even deaths every year.
At Dudley DeBosier Injury Lawyers, we believe it’s unacceptable for manufacturers to release defective products that can put innocent people’s health and lives at risk. Our Lafayette product liability lawyers work hard to hold these manufacturers accountable for the damages their products cause while demanding maximum compensation for victims and their families.
If you or someone you love was harmed by a defective product, we’re here to help. We have decades of experience building all types of injury cases for injured people throughout Louisiana, and we know what it takes to win. Contact us today for a free consultation.
What Is Product Liability?
Product liability refers to the legal responsibility of manufacturers, designers, and sellers of commercial goods to ensure their products are safe for consumers to use. If a defective product causes harm, the injured party may have the right to seek compensation under the Louisiana Products Liability Act (LPLA).
Manufacturers, designers, and sellers of commercial goods are required to ensure that the products they bring to market are free from defects and safe for their intended use. This includes:
- Properly designing and testing products to prevent defects
- Providing clear instructions and warnings about potential risks
- Taking immediate action to address safety issues when they arise
When these parties fail to meet these responsibilities, and a defective product causes injury, they can be held accountable through a product liability claim.
Product liability claims can arise in various situations, including:
- Dangerous or Defective Consumer Products: Examples include faulty electronics that can overheat and cause burns, children’s toys that present a choking hazard, or items that may break and cause lacerations from sharp edges.
- Defective Auto Parts: Common examples include airbags that fail to deploy, faulty brakes, or defective tires that lead to crashes.
- Unsafe Pharmaceuticals or Medical Devices: These include medications with unreasonably harmful side effects or medical implants that fail prematurely.
- Contaminated Food or Beverages: For example, cases where tainted food products lead to illness or injury.
Types of Product Defects That Can Cause Injuries
In product liability cases, injuries often result from defects that make products unsafe. These defects typically fall into three main categories:
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Design Defects
A design defect occurs when a product’s blueprint or design makes it inherently unsafe, even before it’s manufactured. These flaws affect every item produced according to that design.
Example: A car with a poorly designed fuel tank that increases the risk of fire in an accident.
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Manufacturing Defects
Manufacturing defects happen during the production process, causing an otherwise safe design to become dangerous. These defects may only affect certain batches or units of the product.
Example: A bicycle with a cracked frame due to low-quality materials or improper assembly.
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Marketing Defects
Marketing defects involve insufficient warnings, instructions, or labeling that fail to inform consumers about potential risks associated with using the product.
Example: A medication without proper warnings about dangerous side effects or drug interactions.
Who Can Be Held Liable in a Product Liability Case?
Multiple parties may share responsibility for injuries caused by a defective product. Identifying the liable parties is crucial to ensuring you receive the compensation you deserve.
Common parties that may be held accountable include:
- Product Manufacturers: The manufacturer is often the primary party responsible for defects, whether due to their involvement in the product’s design, production, or assembly process. Large manufacturers are legally obligated to ensure their products meet safety standards before reaching consumers.
- Distributors or Suppliers: Distributors and suppliers play a role in the supply chain by transporting and delivering products to retailers. If a defect arises during this process—such as contamination or damage—they may share liability for resulting injuries.
- Retailers Who Sold the Defective Product: Even if retailers are not directly involved in manufacturing or distribution, they can still be held liable for selling a defective product to consumers in some circumstances. Retailers are responsible for ensuring the products they offer are safe for use. For example, they may be liable for leaving a product on the shelves after a recall order was issued.
Determining who is at fault in a product liability case can be complex, as multiple parties may be involved at different stages of the product’s lifecycle. An experienced product liability attorney can investigate your case, trace the defect to its source, and identify all potentially liable parties to maximize your claim.
What Compensation Can You Recover in a Product Liability Case?
The types of compensation available in a product liability case typically include:
Medical Expenses
Compensation can cover the cost of medical care related to your injury, including:
- Emergency room visits
- Surgeries and hospital stays
- Rehabilitation and physical therapy
- Ongoing and future medical treatment
Lost Wages and Loss of Earning Capacity
If your injury prevents you from working, you can seek compensation for lost income. If your ability to earn a living is permanently affected, you may also recover damages for reduced earning capacity.
Pain and Suffering
Pain and suffering damages compensate you for the physical pain, emotional distress, and diminished quality of life caused by your injury.
Property Damage
If the defective product caused damage to your property, such as in a fire started by a faulty appliance, you can seek compensation to repair or replace the damaged items.
Wrongful Death Damages
In fatal product liability cases, surviving family members may pursue compensation for wrongful death, including:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and emotional support
Why Choose Dudley DeBosier Injury Lawyers?
When you’ve been injured by a defective product, choosing the right legal team can make all the difference. Here’s why Dudley DeBosier is the trusted choice for product liability and personal injury cases in Lafayette:
- Proven Track Record of Success: We have a history of securing favorable outcomes in product liability and personal injury cases. Our results speak to our dedication and expertise in fighting for justice.
- A Team of Nearly 200 Legal Professionals: With nearly 200 dedicated team members, our firm brings extensive legal knowledge and resources to every case. Our combined experience ensures no detail is overlooked when pursuing your claim.
- Personalized Representation: At Dudley DeBosier, we treat every client like family. We take the time to understand your unique needs and goals, providing compassionate and personalized legal representation every step of the way.
- No Fee Guarantee®: Our fee is contingent on a successful outcome for you, which ensures that you can focus on your recovery while we focus on getting you the compensation you need. If we don’t win, you don’t pay—giving you peace of mind during a challenging time.
Contact Dudley DeBosier: Lafayette Product Liability Lawyers
Defective products can be extremely dangerous and even deadly. When they cause serious injuries, injured victims and their loved ones often face uphill battles when it comes to getting compensation. Having an experienced Lafayette defective product lawyer on your side can make all the difference in these cases.
At Dudley DeBosier, we understand the challenges of defective product cases, and our years of experience and track record of success means we also know how to get the job done. Don’t leave your future up to chance or face another day or uncertainty. Contact us now for a free case review—we’re ready to help you fight for the compensation you deserve.
