New Iberia Products Liability Lawyer

New Iberia Products Liability Attorney

When you purchase a product, you have a reasonable expectation that it is safe to use as intended. Unfortunately, defective products cause serious injuries and even fatalities every year due to design flaws, manufacturing defects, or inadequate warnings. When manufacturers fail to protect consumers, they should be held accountable. An experienced personal injury lawyer can help you understand your legal rights, while a New Iberia products liability lawyer can pursue compensation if you were injured by a dangerously defective product.

Sanchez Burke, LLC: Helping Consumers Hold Negligent Manufacturers Accountable

Injuries associated with defective products can cause debilitating and disabling injuries and even fatalities. If you or someone you love was injured because of a dangerous product, Sanchez Burke, LLC wants to help you. Our team has more than 60 combined years of experience, including substantial experience in personal injury law and product liability cases.

It is much easier to navigate a legal claim with experienced legal representation. We can investigate the defect or failure by the manufacturer that caused your injury and hold the entity or person liable for your damages. When companies cut corners and costs in manufacturing, design, and marketing, it can lead to dangerous defects. They must be held accountable for that negligence.

Understanding Product Liability Claims

Product liability claims can be made by consumers who are injured because of defective products or other manufacturer negligence.

A product may be a vehicle component, household appliances, children’s toys, or pharmaceutical drugs. Poor manufacturing materials, defects in design, or false warranties can cause these products to be unsafe and harm consumers and bystanders. When this happens, injured individuals can recover the cost of their medical bills, lost income, and other losses in a product liability claim.

What Are the Causes of Product Liability Cases?

A manufacturer can be held liable when a product is considered unreasonably dangerous. The four theories that make a product unreasonably dangerous in New Iberia, LA are:

• Manufacturing defect. A consumer product can be unreasonably dangerous because of the way it was constructed or composed, and the construction of the product differed from the standards set by the specifications. There may have been poor-quality materials used, or a poor process of fabricating the product. The defect, in this case, is unplanned but occurs while the product is still under the control of the manufacturer.
• Design defect. An unreasonably dangerous design means that the product was dangerous in its creation, meaning the defect is present in all products. You must be able to prove that there was an alternate, safer design that would not have injured you and did not change the function of the original product.You must also prove that the likelihood of your injury was great enough and was of a severe enough nature that it outweighed the time and effort it would take to use that alternate design.
• Failure to warn. This claims is that the product was unreasonably dangerous because of an inadequate warning. This occurs when the product has a potentially damaging characteristic, and the manufacturer fails to warn consumers and handlers of the product.This includes situations where a manufacturer later becomes aware of a danger after a product has been released or should have become aware of it with due care. Manufacturers are not only required to provide warnings for products when it is not dangerous outside of common knowledge, but the user should be reasonably aware of the potential damage of a product.
• Failure to comply with express warranty. A product is also unreasonably dangerous when the manufacturer makes an express warranty for the product, which the product does not conform to and which causes the consumer to use the product. The injury must also be proximately caused by the falsity of the warranty.

Defendants in product liability cases sometimes argue that products were modified or misused in unforeseeable ways, and that they could not have reasonably anticipated the danger to the plaintiff. Your attorney can help you show that the defendant was at least partially to blame for your accident, even if the product was modified or misused.

Pure Comparative Negligence Rule

In Louisiana, you may still be able to recover some amount of compensation if you were deemed partially liable for an accident involving a defective product. Your damages will, however, be reduced in proportion to your fault. If you used the product incorrectly, but the court decides that your misuse only accounted for 50% of the accident, your award will be reduced by 50%. This is known as the Comparative Negligence Rule.

You are allowed to seek compensation if another party holds any amount of fault for the accident. Even if you were 99% at fault, you can still file a product liability claim against the manufacturer, distributor, or seller to recover 1% of your original settlement amount.

Common Sources of Product Liability Claims

Many consumer products can be dangerous if they are defective or do not contain proper instructions for their safe use. Some categories of products generate more product liability claims than others, though. Some of the most common of them include:

• Dangerous drugs. Pharmaceutical companies can be held liable for the side effects caused by their drugs if they fail to test them properly or the warnings associated with them did not cover those side effects.
• Defective medical devices. Common examples of medical devices leading to product liability claims include hip replacements, transvaginal mesh, pacemakers, and implants. These cases are typically based on design defects.
• Auto defects. Although driver error causes most car accidents, auto defects can also play a role in crashes. Most auto defects are based on manufacturing or design defects. Components that are uniquely prone to defects include brakes, tires, seat belts, and airbags.
• Children’s toys. Children’s toys that contain dangerous substances or are designed in a way that makes them unsafe for the age group they are targeting can also be a source of product liability claims.

What to Do if You Are Injured by a Defective Product

The steps you take immediately following your injury by a defective product can directly affect your claim. No matter how you were hurt, you should:

• Keep the product. You must keep the product in its current condition to avoid spoliation of evidence. Never send the defective product back to the manufacturer for a refund or investigation, as the manufacturer could destroy the evidence, making it harder to prove your case.
• Locate the proof of purchase. You should retain the receipt, packaging, and the user manual that comes with the product.
• Seek medical care immediately. Don’t wait to go to the doctor. Head to the hospital or your local clinician immediately to seek a full medical evaluation. Being able to prove that you sought medical care right away shows that your injuries came from your experience with the defective product, not another intervening event. You can use medical records and receipts to establish a documented timeline for when you sought care for your injuries.
• Hire a lawyer. Contact a New Iberia products liability attorney as soon as you have been medically stabilized. Working with a lawyer from step one can help you avoid common mistakes, such as accepting an unfairly low settlement offer or making a statement to the insurance company without first consulting with an attorney.
• Prepare for court. Your case will be heard at the 16th Judicial District Court in Iberia Parish. You can trust your attorney to handle all the details of your claim, such as submitting paperwork, keeping track of deadlines, and collecting evidence to prove your product liability case. You can help by responding quickly to your lawyer’s questions and providing any documentation or other evidence you have available.

The most important thing you can do is to contact an attorney who has a clear understanding of how to leverage product liability laws to get you the results you’re looking for. Our team has extensive experience in interpreting Louisiana laws and holding companies liable for the damage they do to consumers of their faulty products.

How Defective Products Impact New Iberia’s Workforce

Defective product claims can occur within the context of modern workplaces, and that’s often the case in New Iberia. Product liability claims allow workers injured by defective products to recover additional compensation on top of the workers’ comp benefits to which they are entitled. As an injured worker, you may need to file a claim for defective:

• Agricultural equipment, such as sugarcane harvesters or tractors
• Oilfield machinery
• Offshore maritime equipment

Toxic chemical exposure claims are relatively common in local refineries and farming operations, as well. You can trust a product liability attorney to help you prove that your workplace injury occurred due to a defective product.

Reasons to Hire a Product Liability Lawyer

There were 5,826 product liability cases litigated in federal courts in 2022, and many more claims handled through local jurisdictions. Each year, 34 million people are injured due to defective products, and tens of thousands of product liability claims get filed annually.

If you plan on filing a claim for an injury you suffered because of a defective product, you need to hire a product liability lawyer who can help. A product liability attorney can:

• File paperwork
• Collect evidence
• Determine who was liable for your injuries
• Identify 100% of your damages
• Negotiate with the liable party’s insurance company
• Represent you in court, should your case go to trial

Working with an attorney is the most effective way to improve your odds of success. Allowing a lawyer to handle the details of your case can also take some of the stress from you so that you can focus on healing from your injuries.

FAQs About Products Liability Law

How Do Manufacturers Defend Against a Product Liability Case?

When filing a product liability claim against a manufacturer, there are several defenses they may use to lower their liability, including by claiming you were to blame. Some potential defenses may include claiming that you misused the product, that normal use would not have caused damage, that you were not the intended user of the product, that you assumed the risk of injury by taking a known risk in using the product, or that you modified the product outside the manufacturer’s control.

What Types of Product Liability Cases Are Most Often Brought Under Negligence?

A product liability case that is brought under negligence is one that claims the manufacturer failed to uphold their duty of care to the consumers of their products. This may be because there was a dangerous defect inherent in the design of the product, there was a defect caused by poor manufacturing that made certain products dangerous, the manufacturer failed to include necessary and complete warnings with the product, or the manufacturer made a warranty claim that was false.

What Is the Statute of Limitations on Product Liability in Louisiana?

The statute of limitations for product liability injury claims in Louisiana, known legally as the prescriptive period, is a set period within which you must file a civil claim against the product manufacturer. You have the right to recover the value of your losses from the manufacturer if you have a valid product liability claim, but if you fail to file within the period, the court will refuse a claim to recover compensation.

What Is Covered by Product Liability?

What is covered by product liability varies. In Louisiana, manufacturers are responsible for certain causes of harm because of their products. A manufacturer includes a person or entity that: fabricates, produces, designs, reconditions, or refurbishes a product; labels a product as their own; holds themselves as the manufacturer of the product; sells the product and has control over the design, quality, or construction of the product; or creates a product that is included in another manufacturer’s product.

How Long Do Most Product Liability Cases Take to Resolve?

How long most product liability cases take to resolve varies. If your case is straightforward and liability is clear, you’re more likely to be able to get a fair settlement from the party’s insurance company responsible for negotiations. This typically takes less time than bringing a case to court for a resolution. If your case is more complex, your lawyer may need to gather additional evidence, hire professional witnesses, or bring it to trial, all of which can take longer.

New Iberia Products Liability Lawyer

Product liability claims are complex and have a narrow basis of negligence where you can hold a manufacturer liable. Our firm can review your situation to determine if you have a viable case and help you take the next steps to file a claim. We can work with you each step of the way, helping you make informed choices and handling investigations for you. Contact Sanchez Burke, LLC today.